1.1 	A bill for an act
1.2 	relating to public safety; appropriating money for the
1.3 	courts, public defenders, public safety, corrections,
1.4 	and other criminal justice agencies; establishing,
1.5 	funding, modifying, and regulating public safety,
1.6 	criminal justice, judiciary, law enforcement,
1.7 	corrections, and crime victim services, policies,
1.8 	programs, duties, activities, or practices; requiring
1.9 	studies and reports; imposing criminal and civil
1.10 	penalties; setting or increasing fines, surcharges,
1.11 	and fees; implementing comprehensive sex offender and
1.12 	methamphetamine policies; amending Minnesota Statutes
1.13 	2004, sections 2.722, subdivision 1; 13.6905,
1.14 	subdivision 17; 13.82, by adding a subdivision;
1.15 	13.871, subdivision 5; 14.03, subdivision 3; 16C.09;
1.16 	43A.047; 84.362; 116L.30; 144A.135; 152.01,
1.17 	subdivision 10; 152.02, subdivisions 4, 5, 6, by
1.18 	adding a subdivision; 152.021, subdivisions 2a, 3;
1.19 	152.027, subdivisions 1, 2; 152.135, subdivision 2;
1.20 	168A.05, subdivision 3; 169.06, by adding a
1.21 	subdivision; 169.71, subdivision 1; 169A.275,
1.22 	subdivision 1; 169A.52, subdivision 4; 169A.53,
1.23 	subdivision 3; 169A.60, subdivisions 10, 11; 169A.63,
1.24 	subdivision 8; 169A.70, subdivision 3, by adding
1.25 	subdivisions; 171.09; 171.20, subdivision 4; 171.26;
1.26 	171.30, subdivision 2a; 214.04, subdivision 1;
1.27 	216D.08, subdivisions 1, 2; 231.08, subdivision 5, as
1.28 	added; 237.70, subdivision 7; 241.06; 241.67,
1.29 	subdivisions 3, 7, 8; 242.195, subdivision 1;
1.30 	243.1606, subdivision 1; 243.166; 243.167; 243.24,
1.31 	subdivision 2; 244.04, subdivision 1; 244.05,
1.32 	subdivisions 2, 4, 5, 6, 7; 244.052, subdivisions 3,
1.33 	4, by adding subdivisions; 244.09, subdivisions 5, 11;
1.34 	244.10, subdivision 2a, by adding subdivisions;
1.35 	244.18, subdivision 2; 245C.13, subdivision 2;
1.36 	245C.15, subdivision 1; 245C.17, subdivisions 1, 2, 3;
1.37 	245C.22, by adding a subdivision; 245C.24, subdivision
1.38 	2; 246.13; 253B.08, subdivision 1; 253B.18,
1.39 	subdivisions 4a, 5, by adding a subdivision; 259.11;
1.40 	259.24, subdivisions 1, 2a, 5, 6a; 260C.171, by adding
1.41 	a subdivision; 260C.201, subdivision 11; 260C.212,
1.42 	subdivision 4; 282.04, subdivision 2; 299A.38,
1.43 	subdivisions 2, 2a, 3; 299A.465, by adding
1.44 	subdivisions; 299C.03; 299C.08; 299C.093; 299C.095,
1.45 	subdivision 1; 299C.10, subdivision 1, by adding a
1.46 	subdivision; 299C.11; 299C.14; 299C.145, subdivision
2.1 	3; 299C.155; 299C.21; 299C.65, subdivisions 1, 2, 5,
2.2 	by adding a subdivision; 299F.011, subdivision 7;
2.3 	299F.014; 299F.05; 299F.051, subdivision 4; 299F.06,
2.4 	subdivision 1; 299F.19, subdivisions 1, 2; 299F.362,
2.5 	subdivisions 3, 4; 326.3382, by adding a subdivision;
2.6 	326.3384, subdivision 1; 340A.301, subdivision 6;
2.7 	340A.302, subdivision 3; 340A.311; 340A.404,
2.8 	subdivision 12; 340A.408, subdivision 4; 340A.414,
2.9 	subdivision 6; 340A.504, subdivisions 3, 7; 343.31;
2.10 	357.021, subdivisions 2, 6, 7; 357.18; 403.02,
2.11 	subdivisions 7, 13, 17, by adding a subdivision;
2.12 	403.025, subdivisions 3, 7; 403.05, subdivision 3;
2.13 	403.07, subdivision 3; 403.08, subdivision 10; 403.11,
2.14 	subdivisions 1, 3, 3a; 403.113, subdivision 1; 403.21,
2.15 	subdivision 8; 403.27, subdivisions 1, 3; 403.30,
2.16 	subdivision 1; 505.08, subdivision 2; 508.82; 508A.82;
2.17 	515B.1-116; 518B.01, subdivision 22, by adding a
2.18 	subdivision; 590.01, subdivision 1, by adding a
2.19 	subdivision; 604.15, subdivision 2, by adding a
2.20 	subdivision; 609.02, subdivision 16; 609.106,
2.21 	subdivision 2; 609.108, subdivisions 1, 3, 4, 6, 7;
2.22 	609.109, subdivisions 2, 4, 5, 6, 7; 609.1095,
2.23 	subdivisions 1, 2, 4; 609.115, by adding a
2.24 	subdivision; 609.117; 609.1351; 609.185; 609.2231, by
2.25 	adding a subdivision; 609.2242, subdivision 3;
2.26 	609.229, subdivision 3; 609.321, subdivisions 1, 7,
2.27 	12, by adding subdivisions; 609.325, by adding a
2.28 	subdivision; 609.341, subdivision 14, by adding a
2.29 	subdivision; 609.342, subdivisions 2, 3; 609.343,
2.30 	subdivisions 2, 3; 609.344, subdivisions 2, 3;
2.31 	609.345, subdivisions 2, 3; 609.3452, subdivision 1;
2.32 	609.347; 609.3471; 609.348; 609.353; 609.485,
2.33 	subdivisions 2, 4; 609.487, by adding a subdivision;
2.34 	609.50, subdivision 1; 609.505; 609.52, subdivision 2;
2.35 	609.527, subdivisions 1, 3, 4, 6, by adding a
2.36 	subdivision; 609.531, subdivision 1; 609.5311,
2.37 	subdivisions 2, 3; 609.5312, subdivisions 1, 3, 4, by
2.38 	adding a subdivision; 609.5314, subdivision 1;
2.39 	609.5315, subdivision 1, by adding a subdivision;
2.40 	609.5317, subdivision 1; 609.5318, subdivision 1;
2.41 	609.605, subdivisions 1, 4; 609.746, subdivision 1;
2.42 	609.748, subdivisions 2, 3a, by adding a subdivision;
2.43 	609.749, subdivision 2; 609.763, subdivision 3;
2.44 	609.79, subdivision 2; 609.795, by adding a
2.45 	subdivision; 609A.02, subdivision 3; 609A.03,
2.46 	subdivision 7; 611.272; 611A.01; 611A.036; 611A.19;
2.47 	611A.53, subdivision 1b; 617.81, subdivision 4;
2.48 	617.85; 624.22, subdivision 1; 626.04; 626.556,
2.49 	subdivision 3; 626.557, subdivision 14; 628.26;
2.50 	631.045; 631.425, subdivision 4; 641.21; proposing
2.51 	coding for new law in Minnesota Statutes, chapters 35;
2.52 	152; 171; 237; 241; 244; 260C; 299A; 299C; 357; 403;
2.53 	446A; 590; 609; 611; 629; repealing Minnesota Statutes
2.54 	2004, sections 18C.005, subdivisions 1a, 35a; 18C.201,
2.55 	subdivisions 6, 7; 18D.331, subdivision 5; 69.011,
2.56 	subdivision 5; 243.162; 243.166, subdivisions 1, 8;
2.57 	244.10, subdivisions 2a, 3; 246.017, subdivision 1;
2.58 	299A.64; 299A.65; 299A.66; 299A.68; 299C.65,
2.59 	subdivisions 3, 4, 6, 7, 8, 8a, 9; 299F.011,
2.60 	subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
2.61 	299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361;
2.62 	299F.451; 299F.452; 386.30; 403.30, subdivision 3;
2.63 	609.108, subdivision 2; 609.109, subdivision 7;
2.64 	609.119; 609.725; 624.04; Laws 2004, chapter 283,
2.65 	section 14.
2.66 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.67 	ARTICLE 1
2.68 	PUBLIC SAFETY APPROPRIATIONS

3.1 	Section 1. PUBLIC SAFETY APPROPRIATIONS.
 3.2 	The sums shown in the columns marked "APPROPRIATIONS" are
3.3 	appropriated from the general fund, or another named fund, to
3.4 	the agencies and for the purposes specified in this article, to
3.5 	be available for the fiscal years indicated for each purpose.
3.6 	The figures "2006" and "2007" where used in this article, mean
3.7 	that the appropriation or appropriations listed under them are
3.8 	available for the year ending June 30, 2006, or June 30, 2007,
3.9 	respectively.  The term "first year" means the fiscal year
3.10 	ending June 30, 2006, and the term "second year" means the
3.11 	fiscal year ending June 30, 2007.
3.12 	SUMMARY BY FUND
3.13 	2006          2007          TOTAL
3.14 	General             $ 835,043,000 $  849,704,000 $1,684,747,000
3.15 	State Government
3.16 	Special Revenue        43,662,000     44,415,000     88,077,000
3.17 	Environmental              49,000         49,000         98,000
3.18 	Special Revenue         5,634,000      5,493,000     11,127,000
3.19 	Trunk
3.20 	Highway                   392,000        362,000        754,000
3.21 	Bond Proceeds          62,500,000          -0-       62,500,000
3.22 	TOTAL               $ 947,280,000 $  900,023,000 $1,847,303,000
3.23 	APPROPRIATIONS
3.24 	                                       Available for the Year
3.25 	                                           Ending June 30
3.26 	                                          2006         2007

3.27 	Sec. 2. SUPREME COURT
 3.28 		Subdivision 1.Total
3.29 	Appropriations                    $   42,196,000 $   42,171,000
3.30 		Subd. 2.Supreme Court Operations    29,876,000     29,851,000
3.31 	[JUDICIAL SALARIES.] Effective July 1,
3.32 	2005, and July 1, 2006, the salaries of
3.33 	judges of the Supreme Court, Court of
3.34 	Appeals, and district court are
3.35 	increased by 1.5 percent.
3.36 	[CONTINGENT ACCOUNT.] $5,000 each year
3.37 	is for a contingent account for
3.38 	expenses necessary for the normal
3.39 	operation of the court for which no
3.40 	other reimbursement is provided.
3.41 	[CHIPS WORKING GROUP.] The state court
3.42 	administrator shall convene a working
3.43 	group of stakeholders interested in and
3.44 	knowledgeable about issues related to
3.45 	the representation of children and
4.1 	adults in CHIPS proceedings.  The state
4.2 	court administrator shall ensure broad
4.3 	representation in the group so that it
4.4 	includes members from diverse parts of
4.5 	the state and sufficient representation
4.6 	of all stakeholder groups on the
4.7 	issue.  At a minimum, the working group
4.8 	shall study and make recommendations on
4.9 	the appropriate assignment and use of
4.10 	limited public defender resources and
4.11 	ways to minimize CHIPS proceedings
4.12 	through early intervention initiatives
4.13 	such as family group conferencing,
4.14 	mediation, and other innovative
4.15 	strategies.  By January 15, 2006, the
4.16 	state court administrator shall report
4.17 	the working group's findings and
4.18 	recommendations to the chairs and
4.19 	ranking minority members of the senate
4.20 	and house committees and divisions
4.21 	having jurisdiction over criminal
4.22 	justice and civil law policy and
4.23 	funding.
4.24 		Subd. 3.Civil Legal Services        12,320,000     12,320,000
4.25 	[LEGAL SERVICES TO LOW-INCOME CLIENTS
4.26 	IN FAMILY LAW MATTERS.] Of this
4.27 	appropriation, $877,000 each year is to
4.28 	improve the access of low-income
4.29 	clients to legal representation in
4.30 	family law matters.  This appropriation
4.31 	must be distributed under Minnesota
4.32 	Statutes, section 480.242, to the
4.33 	qualified legal services programs
4.34 	described in Minnesota Statutes,
4.35 	section 480.242, subdivision 2,
4.36 	paragraph (a).  Any unencumbered
4.37 	balance remaining in the first year
4.38 	does not cancel and is available in the
4.39 	second year.

4.40 	Sec. 3. COURT OF APPEALS              8,189,000      8,189,000

4.41 	Sec. 4. TRIAL COURTS                231,039,000    231,386,000
 4.42 	[SPECIALTY COURTS; REPORT.] $250,000
4.43 	each year is to develop or expand
4.44 	specialty courts such as drug courts
4.45 	and mental health courts.
4.46 	By January 15, 2008, the state court
4.47 	administrator shall report to the
4.48 	chairs and ranking minority members of
4.49 	the senate and house committees and
4.50 	divisions having jurisdiction over
4.51 	criminal justice policy and funding on
4.52 	how this money was used.

4.53 	Sec. 5. TAX COURT                       726,000        726,000

4.54 	Sec. 6. UNIFORM LAWS COMMISSION          51,000         45,000
 4.55 	[DUES OWED.] $12,000 the first year and
4.56 	$6,000 the second year are for national
4.57 	conference dues.

4.58 	Sec. 7. BOARD ON JUDICIAL
4.59 	STANDARDS                                277,000        277,000
 4.60 	[SPECIAL HEARINGS.] $25,000 each year
5.1 	is for special hearings.  This money
5.2 	may not be used for operating costs.
5.3 	This is a onetime appropriation.

5.4 	Sec. 8. BOARD OF PUBLIC DEFENSE      60,703,000     61,801,000

5.5 	Sec. 9. PUBLIC SAFETY
 5.6 		Subdivision 1.Total
5.7 	Appropriation                        188,774,000    126,747,000
5.8 	Summary by Fund
5.9 	General              81,581,000    81,332,000
5.10 	Special Revenue         590,000       589,000
5.11 	State Government
5.12 	Special Revenue      43,662,000    44,415,000
5.13 	Environmental            49,000        49,000
5.14 	Trunk Highway           392,000       362,000
5.15 	Bond Proceeds        62,500,000        -0-
5.16 	[APPROPRIATIONS FOR PROGRAMS.] The
5.17 	amounts that may be spent from this
5.18 	appropriation for each program are
5.19 	specified in the following subdivisions.
5.20 		Subd. 2.Emergency Management    2,594,000       2,594,000
5.21 	Summary by Fund
5.22 	General               2,545,000     2,545,000
5.23 	Environmental            49,000        49,000
5.24 	[NONPROFIT AND FAITH-BASED
5.25 	ORGANIZATIONS; ANTITERRORISM GRANTS.]
5.26 	Unless otherwise prohibited by statute,
5.27 	regulation, or other requirement,
5.28 	nonprofit and faith-based organizations
5.29 	may apply for and receive any funds or
5.30 	grants, whether federal or state, made
5.31 	available for antiterrorism efforts
5.32 	that are not distributed or encumbered
5.33 	for distribution to public safety
5.34 	entities within a year of receipt by
5.35 	the Department of Public Safety.  These
5.36 	organizations must be considered under
5.37 	the same criteria applicable to any
5.38 	other eligible entity and must be given
5.39 	equal consideration.
5.40 		Subd. 3.Criminal
5.41 	Apprehension                          40,328,000     40,367,000
5.42 	Summary by Fund
5.43 	General              39,520,000    39,560,000
5.44 	Special Revenue         440,000       439,000
5.45 	State Government
5.46 	Special Revenue           7,000         7,000
5.47 	Trunk Highway           361,000       361,000
5.48 	[AGENCY CUT, DISTRIBUTION.] The general
6.1 	fund appropriation includes a reduction
6.2 	of $245,000 the first year and $250,000
6.3 	the second year.  This reduction may be
6.4 	applied to any program funded under
6.5 	this section with the exception of the
6.6 	Office of Justice Programs.
6.7 	[COOPERATIVE INVESTIGATION OF
6.8 	CROSS-JURISDICTIONAL CRIMINAL
6.9 	ACTIVITY.] $94,000 the first year and
6.10 	$93,000 the second year are
6.11 	appropriated from the Bureau of
6.12 	Criminal Apprehension account in the
6.13 	special revenue fund for grants to
6.14 	local officials for the cooperative
6.15 	investigation of cross-jurisdictional
6.16 	criminal activity.  Any unencumbered
6.17 	balance remaining in the first year
6.18 	does not cancel but is available for
6.19 	the second year.
6.20 	[LABORATORY ACTIVITIES.] $346,000 each
6.21 	year is appropriated from the Bureau of
6.22 	Criminal Apprehension account in the
6.23 	special revenue fund for laboratory
6.24 	activities.
6.25 	[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
6.26 	Notwithstanding Minnesota Statutes,
6.27 	section 161.20, subdivision 3, $361,000
6.28 	each year is appropriated from the
6.29 	trunk highway fund for laboratory
6.30 	analysis related to
6.31 	driving-while-impaired cases.
6.32 	[DWI POLICY REFORMS.] $60,000 the first
6.33 	year and $58,000 the second year are
6.34 	for costs associated with DWI policy
6.35 	reforms contained in article 18.
6.36 	[AUTOMATED FINGERPRINT IDENTIFICATION
6.37 	SYSTEM.] $1,533,000 the first year and
6.38 	$2,318,000 the second year are to
6.39 	replace the automated fingerprint
6.40 	identification system (AFIS).
6.41 	[PREDATORY OFFENDER REGISTRATION
6.42 	SYSTEM.] $1,146,000 the first year and
6.43 	$564,000 the second year are to upgrade
6.44 	the predatory offender registration
6.45 	(POR) system and to increase the
6.46 	monitoring and tracking of registered
6.47 	offenders who become noncompliant with
6.48 	the law.
6.49 	[CRIMINAL JUSTICE INFORMATION SYSTEMS
6.50 	(CJIS) AUDIT TRAIL.] $374,000 the first
6.51 	year and $203,000 the second year are
6.52 	for the Criminal Justice Information
6.53 	Systems (CJIS) audit trail.
6.54 	[DNA ANALYSIS.] $757,000 the first year
6.55 	and $769,000 the second year are to
6.56 	fund DNA analyses of biological samples.
6.57 	[LIVESCAN.] $66,000 the first year and
6.58 	$69,000 the second year are to fund the
6.59 	ongoing costs of Livescan.
6.60 	[TEN NEW AGENTS.] $1,000,000 each year
6.61 	is for ten Bureau of Criminal
7.1 	Apprehension agents to be assigned
7.2 	exclusively to methamphetamine
7.3 	enforcement, including the
7.4 	investigation of manufacturing and
7.5 	distributing methamphetamine and
7.6 	related violence.  These appropriations
7.7 	are intended to increase the current
7.8 	allocation of Bureau of Criminal
7.9 	Apprehension resources dedicated to
7.10 	methamphetamine enforcement.  Positions
7.11 	funded by these appropriations may not
7.12 	supplant existing agent assignments or
7.13 	positions.
7.14 		Subd. 4.Fire Marshal                 2,845,000      2,832,000
7.15 		Subd. 5.Alcohol and
7.16 	Gambling Enforcement                   1,772,000      1,772,000
7.17 	Summary by Fund
7.18 	General               1,622,000     1,622,000
7.19 	Special Revenue         150,000       150,000
7.20 		Subd. 6.Office of
7.21 	Justice Programs                      34,440,000     34,035,000
7.22 	[GANG AND NARCOTICS STRIKE FORCES.]
7.23 	$2,374,000 each year is for grants to
7.24 	the combined operations of the Criminal
7.25 	Gang Strike Force and Narcotics Task
7.26 	Forces.
7.27 	[CRIME VICTIM ASSISTANCE GRANTS
7.28 	INCREASE.] $1,270,000 each year is to
7.29 	increase funding for crime victim
7.30 	assistance grants for abused children,
7.31 	sexual assault victims, battered women,
7.32 	and general crime victims.
7.33 	[BATTERED WOMEN'S SHELTER GRANTS.]
7.34 	$400,000 each year is to increase
7.35 	funding for battered women's shelters
7.36 	under Minnesota Statutes, section
7.37 	611A.32, and for safe houses.
7.38 	[METHAMPHETAMINE TREATMENT GRANTS.]
7.39 	$750,000 each year is for grants to
7.40 	counties for methamphetamine treatment
7.41 	programs.  Priority should be given to
7.42 	those counties that demonstrate a
7.43 	treatment approach that incorporates
7.44 	best practices as defined by the
7.45 	Minnesota Department of Human
7.46 	Services.  This is a onetime
7.47 	appropriation.
7.48 	[FINANCIAL CRIMES TASK FORCE.] $750,000
7.49 	each year is for the Financial Crimes
7.50 	Task Force.  A cash or in-kind match
7.51 	totalling a minimum of $250,000 is
7.52 	required.  Before the funds may be
7.53 	allocated, a financial work plan must
7.54 	be submitted to the commissioner of
7.55 	public safety.
7.56 	[HUMAN TRAFFICKING; ASSESSMENT, POLICY
7.57 	DEVELOPMENT, AND IMPLEMENTATION.]
7.58 	$50,000 each year is to conduct the
7.59 	study and assessment of human
8.1 	trafficking under new Minnesota
8.2 	Statutes, sections 299A.78 and 299A.785.
8.3 	[YOUTH INTERVENTION PROGRAMS.]
8.4 	$1,452,000 each year is for youth
8.5 	intervention programs currently under
8.6 	Minnesota Statutes, section 116L.30,
8.7 	but to be transferred to Minnesota
8.8 	Statutes, section 299A.73.
8.9 	[HOMELESSNESS PILOT PROJECTS.] $400,000
8.10 	the first year is for the homelessness
8.11 	pilot projects described in article 8,
8.12 	section 27.  This is a onetime
8.13 	appropriation.
8.14 	[ADMINISTRATION COSTS.] Up to 2.5
8.15 	percent of the grant funds appropriated
8.16 	in this subdivision may be used to
8.17 	administer the grant programs.
8.18 		Subd. 7.911 Emergency
8.19 	Services/ARMER
8.20 	43,655,000     44,408,000
8.21 	This appropriation is from the state
8.22 	government special revenue fund for 911
8.23 	emergency telecommunications services.
8.24 	[PRIOR 911 OBLIGATIONS.] $3,442,000 the
8.25 	first year and $3,064,000 the second
8.26 	year are to fund a deficiency due to
8.27 	prior year obligations under Minnesota
8.28 	Statutes, section 403.11, that were
8.29 	estimated in the December 2004 911 fund
8.30 	statement to be $6,504,700 on July 1,
8.31 	2005.  "Prior year obligations" means
8.32 	reimbursable costs under Minnesota
8.33 	Statutes, section 403.11, subdivision
8.34 	1, incurred under the terms and
8.35 	conditions of a contract with the state
8.36 	for a fiscal year preceding fiscal year
8.37 	2004, that have been certified in a
8.38 	timely manner in accordance with
8.39 	Minnesota Statutes, section 403.11,
8.40 	subdivision 3a, and that are not barred
8.41 	by statute of limitation or other
8.42 	defense.  The appropriations needed for
8.43 	this purpose are estimated to be none
8.44 	in fiscal year 2008 and thereafter.
8.45 	[PUBLIC SAFETY ANSWERING POINTS.]
8.46 	$13,640,000 the first year and
8.47 	$13,664,000 the second year are to be
8.48 	distributed as provided in Minnesota
8.49 	Statutes, section 403.113, subdivision
8.50 	2.  This appropriation may only be used
8.51 	for public safety answering points that
8.52 	have implemented phase two wireless
8.53 	enhanced 911 service or whose
8.54 	governmental agency has made a binding
8.55 	commitment to the commissioner of
8.56 	public safety to implement phase two
8.57 	wireless enhanced 911 service by
8.58 	January 1, 2008.  If revenue to the
8.59 	account is insufficient to support all
8.60 	appropriations from the account for a
8.61 	fiscal year, this appropriation takes
8.62 	priority over other appropriations,
8.63 	except the open appropriation in
9.1 	Minnesota Statutes, section 403.30,
9.2 	subdivision 1, for debt service on
9.3 	bonds previously sold.
9.4 	[MEDICAL RESOURCE COMMUNICATION
9.5 	CENTERS.] $682,000 the first year and
9.6 	$683,000 the second year are for grants
9.7 	to the Minnesota Emergency Medical
9.8 	Services Regulatory Board for the Metro
9.9 	East and Metro West Medical Resource
9.10 	Communication Centers that were in
9.11 	operation before January 1, 2000.
9.12 	[800 MEGAHERTZ DEBT SERVICE.]
9.13 	$6,138,000 the first year and
9.14 	$6,149,000 the second year are to the
9.15 	commissioner of finance to pay debt
9.16 	service on revenue bonds issued under
9.17 	Minnesota Statutes, section 403.275.
9.18 	Any portion of this appropriation not
9.19 	needed to pay debt service in a fiscal
9.20 	year may be used by the commissioner of
9.21 	public safety to pay cash for any of
9.22 	the capital improvements for which bond
9.23 	proceeds have been appropriated in
9.24 	subdivision 8.
9.25 	[METROPOLITAN COUNCIL DEBT SERVICE.]
9.26 	$1,405,000 the first year and
9.27 	$1,410,000 the second year are to the
9.28 	commissioner of finance for payment to
9.29 	the Metropolitan Council for debt
9.30 	service on bonds issued under Minnesota
9.31 	Statutes, section 403.27.
9.32 	[800 MEGAHERTZ IMPROVEMENTS.]
9.33 	$1,323,000 each year is for the
9.34 	Statewide Radio Board for costs of
9.35 	design, construction, maintenance of,
9.36 	and improvements to those elements of
9.37 	the first, second, and third phases
9.38 	that support mutual aid communications
9.39 	and emergency medical services, and for
9.40 	recurring charges for leased sites and
9.41 	equipment for those elements of the
9.42 	first, second, and third phases that
9.43 	support mutual aid and emergency
9.44 	medical communication services.
9.45 		Subd. 8.800 MHz Public Safety
9.46 	Radio and Communication System        62,500,000
9.47 	The appropriations in this subdivision
9.48 	are from the 911 revenue bond proceeds
9.49 	account for the purposes indicated, to
9.50 	be available until the project is
9.51 	completed or abandoned, subject to
9.52 	Minnesota Statutes, section 16A.642.
9.53 	(a) Phase 2 Subsystems                 8,000,000
9.54 	To the commissioner of public safety
9.55 	for a grant to the Metropolitan
9.56 	Emergency Services Board to pay up to
9.57 	50 percent of the cost to a local
9.58 	government unit of building a subsystem
9.59 	as part of the second phase of the
9.60 	public safety radio and communication
9.61 	system plan under Minnesota Statutes,
9.62 	section 403.36.
10.1 	(b) Phase 3 System Backbone           45,000,000
10.2 	To the commissioner of transportation
10.3 	to construct the system backbone in the
10.4 	third phase of the public safety radio
10.5 	and communication system plan under
10.6 	Minnesota Statutes, section 403.36.
10.7 	(c) Phase 3 Subsystems                 9,500,000
10.8 	To the commissioner of public safety to
10.9 	reimburse local units of government for
10.10 	up to 50 percent of the cost of
10.11 	building a subsystem of the public
10.12 	safety radio and communication system
10.13 	established under Minnesota Statutes,
10.14 	section 403.36, in the southeast
10.15 	district of the State Patrol and the
10.16 	counties of Benton, Sherburne, Stearns,
10.17 	and Wright.
10.18 	(d) Bond Sale Authorization
10.19 	To provide the money appropriated in
10.20 	this subdivision, the commissioner of
10.21 	finance shall sell and issue bonds of
10.22 	the state in an amount up to
10.23 	$62,500,000 in the manner, upon the
10.24 	terms, and with the effect prescribed
10.25 	by Minnesota Statutes, section 403.275.
10.26 		Subd. 9.Administration                 609,000        738,000
10.27 	[PUBLIC SAFETY OFFICERS' HEALTH
10.28 	INSURANCE.] $609,000 the first year and
10.29 	$738,000 the second year are for public
10.30 	safety officers' health insurance.  The
10.31 	base for fiscal year 2008 is $885,000
10.32 	and for fiscal year 2009 is $1,053,000.
10.33 		Subd. 10.Driver and Vehicle
10.34 	Services                                  31,000          1,000
10.35 	[GASOLINE THEFT.] This appropriation is
10.36 	from the trunk highway fund for costs
10.37 	associated with suspending licenses of
10.38 	persons under new section 171.175 for
10.39 	gasoline theft.

10.40 	Sec. 10. PEACE OFFICER
10.41 	STANDARDS AND TRAINING BOARD (POST)    4,154,000      4,014,000
 10.42 	[EXCESS AMOUNTS TRANSFERRED.] This
10.43 	appropriation is from the peace officer
10.44 	training account in the special revenue
10.45 	fund.  Any new receipts credited to
10.46 	that account in the first year in
10.47 	excess of $4,154,000 must be
10.48 	transferred and credited to the general
10.49 	fund.  Any new receipts credited to
10.50 	that account in the second year in
10.51 	excess of $4,014,000 must be
10.52 	transferred and credited to the general
10.53 	fund.
10.54 	[TECHNOLOGY IMPROVEMENTS.] $140,000 the
10.55 	first year is for technology
10.56 	improvements.
10.57 	[PEACE OFFICER TRAINING REIMBURSEMENT.]
10.58 	$2,909,000 each year is for
11.1 	reimbursements to local governments for
11.2 	peace officer training costs.

11.3 	Sec. 11. BOARD OF PRIVATE DETECTIVE
11.4 	AND PROTECTIVE AGENT SERVICES            126,000        126,000

11.5 	Sec. 12. HUMAN RIGHTS                 3,490,000      3,490,000

11.6 	Sec. 13. DEPARTMENT OF CORRECTIONS
 11.7 		Subdivision 1.Total
11.8 	Appropriation                        407,085,000    420,588,000
11.9 	Summary by Fund
11.10 	General Fund        406,195,000   419,698,000
11.11 	Special Revenue         890,000       890,000
11.12 	[APPROPRIATIONS FOR PROGRAMS.] The
11.13 	amounts that may be spent from this
11.14 	appropriation for each program are
11.15 	specified in the following subdivisions.
11.16 		Subd. 2.Correctional
11.17 	Institutions                         288,296,000    301,986,000
11.18 	Summary by Fund
11.19 	General Fund        287,716,000   301,406,000
11.20 	Special Revenue         580,000       580,000
11.21 	[CONTRACTS FOR BEDS AT RUSH CITY.] If
11.22 	the commissioner contracts with other
11.23 	states, local units of government, or
11.24 	the federal government to rent beds in
11.25 	the Rush City Correctional Facility,
11.26 	the commissioner shall charge a per
11.27 	diem under the contract, to the extent
11.28 	possible, that is equal to or greater
11.29 	than the per diem cost of housing
11.30 	Minnesota inmates in the facility.
11.31 	Notwithstanding any law to the
11.32 	contrary, the commissioner may use per
11.33 	diems collected under contracts for
11.34 	beds at MCF-Rush City to operate the
11.35 	state correctional system.
11.36 	[LEVEL III OFFENDER TRACKING AND
11.37 	APPREHENSION.] $70,000 each year is to
11.38 	track and apprehend level III predatory
11.39 	offenders.
11.40 	[SEX OFFENDER TREATMENT AND
11.41 	TRANSITIONAL SERVICES.] $1,500,000 each
11.42 	year is for sex offender treatment and
11.43 	transitional services.
11.44 	[HEALTH SERVICES.] $3,085,000 the first
11.45 	year and $3,086,000 the second year are
11.46 	for increased funding for health
11.47 	services.
11.48 	[CHEMICAL DEPENDENCY TREATMENT.]
11.49 	$1,000,000 each year is for increased
11.50 	funding for chemical dependency
11.51 	treatment programs.
11.52 	[WORKING GROUP ON INMATE LABOR;
12.1 	REPORT.] The commissioner of
12.2 	corrections and the commissioner of the
12.3 	Minnesota Housing Finance Agency shall
12.4 	convene a working group to study the
12.5 	feasibility of using inmate labor to
12.6 	build low-income housing manufactured
12.7 	at MCF-Faribault.  The working group
12.8 	shall consist of:  the chief executive
12.9 	officer of MINNCOR Industries;
12.10 	representatives from the Builders
12.11 	Association of America, Minnesota
12.12 	AFL-CIO, Association of Minnesota
12.13 	Counties, Minnesota Manufactured
12.14 	Housing Association, Habitat for
12.15 	Humanity, and Minnesota Housing
12.16 	Partnership, selected by those
12.17 	organizations; and any other
12.18 	individuals deemed appropriate by the
12.19 	commissioners.
12.20 	By January 15, 2006, the working group
12.21 	shall report its findings and
12.22 	recommendations to the chairs and
12.23 	ranking minority members of the senate
12.24 	and house of representatives committees
12.25 	and divisions having jurisdiction over
12.26 	criminal justice and jobs, housing, and
12.27 	community development policy and
12.28 	funding.
12.29 		Subd. 3.Community Services         103,556,000    103,369,000
12.30 	Summary by Fund
12.31 	General Fund        103,456,000   103,269,000
12.32 	Special Revenue         100,000       100,000
12.33 	[SHORT-TERM OFFENDERS.] $1,207,000 each
12.34 	year is for costs associated with the
12.35 	housing and care of short-term
12.36 	offenders.  The commissioner may use up
12.37 	to 20 percent of the total amount of
12.38 	the appropriation for inpatient medical
12.39 	care for short-term offenders with less
12.40 	than six months to serve as affected by
12.41 	the changes made to Minnesota Statutes,
12.42 	section 609.105, in 2003.  All funds
12.43 	remaining at the end of the fiscal year
12.44 	not expended for inpatient medical care
12.45 	shall be added to and distributed with
12.46 	the housing funds.  These funds shall
12.47 	be distributed proportionately based on
12.48 	the total number of days short-term
12.49 	offenders are placed locally, not to
12.50 	exceed $70 per day.  Short-term
12.51 	offenders may be housed in a state
12.52 	correctional facility at the discretion
12.53 	of the commissioner.
12.54 	The Department of Corrections is exempt
12.55 	from the state contracting process for
12.56 	the purposes of Minnesota Statutes,
12.57 	section 609.105, as amended by Laws
12.58 	2003, First Special Session chapter 2,
12.59 	article 5, sections 7 to 9.
12.60 	[GPS MONITORING OF SEX OFFENDERS.]
12.61 	$500,000 the first year and $162,000
12.62 	the second year are for the acquisition
12.63 	and service of bracelets equipped with
13.1 	tracking devices designed to track and
13.2 	monitor the movement and location of
13.3 	criminal offenders.  The commissioner
13.4 	shall use the bracelets to monitor
13.5 	high-risk sex offenders who are on
13.6 	supervised release, conditional
13.7 	release, parole, or probation to help
13.8 	ensure that the offenders do not
13.9 	violate conditions of their release or
13.10 	probation.
13.11 	[END OF CONFINEMENT REVIEWS.] $94,000
13.12 	each year is for end of confinement
13.13 	reviews.
13.14 	[COMMUNITY SURVEILLANCE AND
13.15 	SUPERVISION.] $1,370,000 each year is
13.16 	to provide housing options to maximize
13.17 	community surveillance and supervision.
13.18 	[INCREASE IN INTENSIVE SUPERVISED
13.19 	RELEASE SERVICES.] $1,800,000 each year
13.20 	is to increase intensive supervised
13.21 	release services.
13.22 	[SEX OFFENDER ASSESSMENT
13.23 	REIMBURSEMENTS.] $350,000 each year is
13.24 	to provide grants to counties for
13.25 	reimbursements for sex offender
13.26 	assessments as required under Minnesota
13.27 	Statutes, section 609.3452, subdivision
13.28 	1, which is being renumbered as section
13.29 	609.3457.
13.30 	[SEX OFFENDER TREATMENT AND
13.31 	POLYGRAPHS.] $1,250,000 each year is to
13.32 	provide treatment for sex offenders on
13.33 	community supervision and to pay for
13.34 	polygraph testing.
13.35 	[INCREASED SUPERVISION OF SEX
13.36 	OFFENDERS, DOMESTIC VIOLENCE OFFENDERS,
13.37 	AND OTHER VIOLENT OFFENDERS.]
13.38 	$1,500,000 each year is for the
13.39 	increased supervision of sex offenders
13.40 	and other violent offenders, including
13.41 	those convicted of domestic abuse.
13.42 	These appropriations may not be used to
13.43 	supplant existing state or county
13.44 	probation officer positions.
13.45 	The commissioner shall distribute
13.46 	$1,050,000 in grants each year to
13.47 	Community Corrections Act counties and
13.48 	$450,000 each year to the Department of
13.49 	Corrections Probation and Supervised
13.50 	Release Unit.  The commissioner shall
13.51 	distribute the funds to the Community
13.52 	Corrections Act counties according to
13.53 	the formula contained in Minnesota
13.54 	Statutes, section 401.10.
13.55 	Prior to the distribution of these
13.56 	funds, each Community Corrections Act
13.57 	jurisdiction and the Department of
13.58 	Corrections Probation and Supervised
13.59 	Release Unit shall submit to the
13.60 	commissioner an analysis of need along
13.61 	with a plan to meet their needs and
13.62 	reduce the number of sex offenders and
13.63 	other violent offenders, including
14.1 	domestic abuse offenders, on probation
14.2 	officer caseloads.
14.3 	[COUNTY PROBATION OFFICERS.] $500,000
14.4 	each year is to increase county
14.5 	probation officer reimbursements.
14.6 	[INTENSIVE SUPERVISION AND AFTERCARE
14.7 	FOR CONTROLLED SUBSTANCES OFFENDERS;
14.8 	REPORT.] $600,000 each year is for
14.9 	intensive supervision and aftercare
14.10 	services for controlled substances
14.11 	offenders released from prison under
14.12 	Minnesota Statutes, section 244.055.
14.13 	These appropriations are not added to
14.14 	the department's base budget.  By
14.15 	January 15, 2008, the commissioner
14.16 	shall report to the chairs and ranking
14.17 	minority members of the senate and
14.18 	house of representatives committees and
14.19 	divisions having jurisdiction over
14.20 	criminal justice policy and funding on
14.21 	how this appropriation was spent.
14.22 	[REPORT ON ELECTRONIC MONITORING OF SEX
14.23 	OFFENDERS.] By March 1, 2006, the
14.24 	commissioner shall report to the chairs
14.25 	and ranking minority members of the
14.26 	senate and house of representatives
14.27 	committees and divisions having
14.28 	jurisdiction over criminal justice
14.29 	policy and funding on implementing an
14.30 	electronic monitoring system for sex
14.31 	offenders who are under community
14.32 	supervision.  The report must address
14.33 	the following:
14.34 	(1) the advantages and disadvantages in
14.35 	implementing this system, including the
14.36 	impact on public safety;
14.37 	(2) the types of sex offenders who
14.38 	should be subject to the monitoring;
14.39 	(3) the time period that offenders
14.40 	should be subject to the monitoring;
14.41 	(4) the financial costs associated with
14.42 	the monitoring and who should be
14.43 	responsible for these costs; and
14.44 	(5) the technology available for the
14.45 	monitoring.
14.46 		Subd. 4.Operations Support          15,233,000     15,233,000
14.47 	General Fund         15,023,000    15,023,000
14.48 	Special Revenue         210,000       210,000
14.49 	[AGENCY CUT, DISTRIBUTION.] The general
14.50 	fund appropriation includes a reduction
14.51 	of $375,000 the first year and $325,000
14.52 	the second year.  This reduction may be
14.53 	applied to any program funded under
14.54 	this section.
14.55 	[REPORT ON CONDITIONAL RELEASE OF
14.56 	CONTROLLED SUBSTANCE OFFENDERS.]
14.57 	$50,000 the first year is for the
14.58 	commissioner to contract with an
15.1 	organization to evaluate the
15.2 	conditional release of nonviolent
15.3 	controlled substance offender program
15.4 	described in Minnesota Statutes,
15.5 	section 244.055.  To the degree
15.6 	feasible, the evaluation must address
15.7 	the recidivism rates of offenders
15.8 	released under the program.  The
15.9 	commissioner shall determine other
15.10 	issues to be addressed in the
15.11 	evaluation.  By January 15, 2008, the
15.12 	commissioner shall forward the
15.13 	completed evaluation to the chairs and
15.14 	ranking minority members of the senate
15.15 	and house of representatives committees
15.16 	and divisions having jurisdiction over
15.17 	criminal justice policy and funding.

15.18 	Sec. 14. SENTENCING GUIDELINES          463,000        463,000

15.19 	Sec. 15. BOARD OF VETERINARY
15.20 	MEDICINE                                   7,000        -0-
 15.21 	[METHAMPHETAMINE STUDY.] This
15.22 	appropriation is for the study on
15.23 	animal products that may be used in the
15.24 	manufacture of methamphetamine
15.25 	described in article 7, section 20.

15.26 	ARTICLE 2
15.27 	SEX OFFENDERS:
15.28 	MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND
15.29 	REPEAT SEX OFFENSES; CONDITIONAL RELEASE;
15.30 	OTHER SENTENCING CHANGES

15.31 	Section 1. Minnesota Statutes 2004, section 244.04,
15.32 	subdivision 1, is amended to read:
15.33 		Subdivision 1.Reduction of sentence; inmates sentenced
15.34 	for crimes committed before 1993.  Notwithstanding the
15.35 	provisions of section 609.11, subdivision 6, and section
15.36 	609.109, subdivision 1, the term of imprisonment of any inmate
15.37 	sentenced to a presumptive fixed sentence after May 1, 1980, and
15.38 	whose crime was committed before August 1, 1993, shall be
15.39 	reduced in duration by one day for each two days during which
15.40 	the inmate violates none of the disciplinary offense rules
15.41 	promulgated by the commissioner.  The reduction shall accrue to
15.42 	the period of supervised release to be served by the inmate,
15.43 	except that the period of supervised release for a sex offender
15.44 	sentenced and conditionally released by the commissioner under
15.45 	section 609.108, subdivision 5,609.3455 is governed by that
15.46 	provision.
16.1 	Except as otherwise provided in subdivision 2, if an inmate
16.2 	whose crime was committed before August 1, 1993, violates a
16.3 	disciplinary offense rule promulgated by the commissioner, good
16.4 	time earned prior to the violation may not be taken away, but
16.5 	the inmate may be required to serve an appropriate portion of
16.6 	the term of imprisonment after the violation without earning
16.7 	good time.
16.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
16.9 	and applies to crimes committed on or after that date.

16.10 	Sec. 2. Minnesota Statutes 2004, section 244.05,
16.11 	subdivision 2, is amended to read:
16.12 		Subd. 2.Rules.  The commissioner of corrections shall
16.13 	adopt by rule standards and procedures for the revocation of
16.14 	supervised or conditional release, and shall specify the period
16.15 	of revocation for each violation of supervised release.
16.16 	Procedures for the revocation of supervised release shall
16.17 	provide due process of law for the inmate.
16.18 	
EFFECTIVE DATE. This section is effective August 1, 2005,
16.19 	and applies to crimes committed on or after that date.

16.20 	Sec. 3. Minnesota Statutes 2004, section 244.05,
16.21 	subdivision 4, is amended to read:
16.22 		Subd. 4.Minimum imprisonment, life sentence. (a) An
16.23 	inmate serving a mandatory life sentence under section
16.24 	609.106 or 609.3455, subdivision 2,must not be given supervised
16.25 	release under this section.
16.26 	(b) An inmate serving a mandatory life sentence under
16.27 	section 609.185, clause (1),(3), (5), or (6); or 609.109,
16.28 	subdivision 2a 3, must not be given supervised release under
16.29 	this section without having served a minimum term of 30 years.
16.30 	(c) An inmate serving a mandatory life sentence under
16.31 	section 609.385 must not be given supervised release under this
16.32 	section without having served a minimum term of imprisonment of
16.33 	17 years.
16.34 	(d) An inmate serving a mandatory life sentence under
16.35 	section 609.3455, subdivision 3 or 4, must not be given
16.36 	supervised release under this section without having served the
17.1 	minimum term of imprisonment specified by the court in its
17.2 	sentence.
17.3 	
EFFECTIVE DATE. This section is effective August 1, 2005,
17.4 	and applies to crimes committed on or after that date.

17.5 	Sec. 4. Minnesota Statutes 2004, section 244.05,
17.6 	subdivision 5, is amended to read:
17.7 		Subd. 5.Supervised release, life sentence.  (a) The
17.8 	commissioner of corrections may, under rules promulgated by the
17.9 	commissioner, give supervised release to an inmate serving a
17.10 	mandatory life sentence under section 609.185, clause (1),(3),
17.11 	(5), or (6); 609.109, subdivision 2a 3; 609.3455, subdivision 3
17.12 	or 4;or 609.385 after the inmate has served the minimum term of
17.13 	imprisonment specified in subdivision 4.
17.14 	(b) The commissioner shall require the preparation of a
17.15 	community investigation report and shall consider the findings
17.16 	of the report when making a supervised release decision under
17.17 	this subdivision.  The report shall reflect the sentiment of the
17.18 	various elements of the community toward the inmate, both at the
17.19 	time of the offense and at the present time.  The report shall
17.20 	include the views of the sentencing judge, the prosecutor, any
17.21 	law enforcement personnel who may have been involved in the
17.22 	case, and any successors to these individuals who may have
17.23 	information relevant to the supervised release decision.  The
17.24 	report shall also include the views of the victim and the
17.25 	victim's family unless the victim or the victim's family chooses
17.26 	not to participate.
17.27 	(c) The commissioner shall make reasonable efforts to
17.28 	notify the victim, in advance, of the time and place of the
17.29 	inmate's supervised release review hearing.  The victim has a
17.30 	right to submit an oral or written statement at the review
17.31 	hearing.  The statement may summarize the harm suffered by the
17.32 	victim as a result of the crime and give the victim's
17.33 	recommendation on whether the inmate should be given supervised
17.34 	release at this time.  The commissioner must consider the
17.35 	victim's statement when making the supervised release decision.
17.36 	(d) When considering whether to give supervised release to
18.1 	an inmate serving a life sentence under section 609.3455,
18.2 	subdivision 3 or 4, the commissioner shall consider, at a
18.3 	minimum, the following:  the risk the inmate poses to the
18.4 	community if released, the inmate's progress in treatment, the
18.5 	inmate's behavior while incarcerated, psychological or other
18.6 	diagnostic evaluations of the inmate, the inmate's criminal
18.7 	history, and any other relevant conduct of the inmate while
18.8 	incarcerated or before incarceration.  The commissioner may not
18.9 	give supervised release to the inmate unless:
18.10 	(1) while in prison:
18.11 	(i) the inmate has successfully completed appropriate sex
18.12 	offender treatment;
18.13 	(ii) the inmate has been assessed for chemical dependency
18.14 	needs and, if appropriate, has successfully completed chemical
18.15 	dependency treatment; and 
18.16 	(iii) the inmate has been assessed for mental health needs
18.17 	and, if appropriate, has successfully completed mental health
18.18 	treatment; and 
18.19 	(2) a comprehensive individual release plan is in place for
18.20 	the inmate that ensures that, after release, the inmate will
18.21 	have suitable housing and receive appropriate aftercare and
18.22 	community-based treatment.  The comprehensive plan also must
18.23 	include a postprison employment or education plan for the inmate.
18.24 	(e) As used in this subdivision, "victim" means the
18.25 	individual who suffered harm as a result of the inmate's crime
18.26 	or, if the individual is deceased, the deceased's surviving
18.27 	spouse or next of kin.
18.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
18.29 	and applies to crimes committed on or after that date.

18.30 	Sec. 5. Minnesota Statutes 2004, section 609.106,
18.31 	subdivision 2, is amended to read:
18.32 		Subd. 2.Life without release.  The court shall sentence
18.33 	a person to life imprisonment without possibility of release
18.34 	under the following circumstances:
18.35 	(1) the person is convicted of first degree murder under
18.36 	section 609.185, paragraph (a), clause (1),(2), (4), or (7);
19.1 	(2) the person is convicted of committing first degree
19.2 	murder in the course of a kidnapping under section 609.185,
19.3 	clause (3); or
19.4 	(3) the person is convicted of first degree murder under
19.5 	section 609.185, clause (1),(3), (5), or (6), and the court
19.6 	determines on the record at the time of sentencing that the
19.7 	person has one or more previous convictions for a heinous crime.

19.8 	Sec. 6. Minnesota Statutes 2004, section 609.108,
19.9 	subdivision 1, is amended to read:
19.10 		Subdivision 1.Mandatory increased sentence. (a) A court
19.11 	shall commit a person to the commissioner of corrections for a
19.12 	period of time that is not less than double the presumptive
19.13 	sentence under the Sentencing Guidelines and not more than the
19.14 	statutory maximum, or if the statutory maximum is less than
19.15 	double the presumptive sentence, for a period of time that is
19.16 	equal to the statutory maximum, if:
19.17 	(1) the court is imposing an executed sentence, based on a
19.18 	Sentencing Guidelines presumptive imprisonment sentence or a
19.19 	dispositional departure for aggravating circumstances or a
19.20 	mandatory minimum sentence,on a person convicted of committing
19.21 	or attempting to commit a violation of section 609.342, 609.343,
19.22 	609.344, or 609.345, or on a person convicted of committing or
19.23 	attempting to commit any other crime listed in subdivision 3 if
19.24 	it reasonably appears to the court that the crime was motivated
19.25 	by the offender's sexual impulses or was part of a predatory
19.26 	pattern of behavior that had criminal sexual conduct as its goal 
19.27 	609.3453;
19.28 	(2) the court finds factfinder determines that the offender
19.29 	is a danger to public safety; and
19.30 	(3) the court finds factfinder determines that the offender
19.31 	needs long-term treatment or supervision offender's criminal
19.32 	sexual behavior is so engrained that the risk of reoffending is
19.33 	great without intensive psychotherapeutic intervention or other
19.34 	long-term treatment or supervision extending beyond the
19.35 	presumptive term of imprisonment and supervised release. The
19.36 	finding must be based on a professional assessment by an
20.1 	examiner experienced in evaluating sex offenders that concludes
20.2 	that the offender is a patterned sex offender.  The assessment
20.3 	must contain the facts upon which the conclusion is based, with
20.4 	reference to the offense history of the offender or the severity
20.5 	of the current offense, the social history of the offender, and
20.6 	the results of an examination of the offender's mental status
20.7 	unless the offender refuses to be examined.  The conclusion may
20.8 	not be based on testing alone.  A patterned sex offender is one
20.9 	whose criminal sexual behavior is so engrained that the risk of
20.10 	reoffending is great without intensive psychotherapeutic
20.11 	intervention or other long-term controls.
20.12 	(b) The court shall consider imposing a sentence under this
20.13 	section whenever a person is convicted of violating section
20.14 	609.342 or 609.343.
20.15 	
EFFECTIVE DATE. This section is effective August 1, 2005,
20.16 	and applies to crimes committed on or after that date.

20.17 	Sec. 7. Minnesota Statutes 2004, section 609.108,
20.18 	subdivision 3, is amended to read:
20.19 		Subd. 3.Predatory crime. A predatory crime is a felony
20.20 	violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
20.21 	609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
20.22 	609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
20.23 	or 609.582, subdivision 1.As used in this section, "predatory
20.24 	crime" has the meaning given in section 609.341, subdivision 22.
20.25 	
EFFECTIVE DATE. This section is effective August 1, 2005,
20.26 	and applies to crimes committed on or after that date.

20.27 	Sec. 8. Minnesota Statutes 2004, section 609.108,
20.28 	subdivision 4, is amended to read:
20.29 		Subd. 4.Danger to public safety.  The court shall base
20.30 	its finding factfinder shall base its determination that the
20.31 	offender is a danger to public safety on any of the following
20.32 	factors:
20.33 	(1) the crime involved an aggravating factor that would
20.34 	justify a durational departure from the presumptive sentence
20.35 	under the Sentencing Guidelines;
20.36 	(2) the offender previously committed or attempted to
21.1 	commit a predatory crime or a violation of section 609.224 or
21.2 	609.2242, including:
21.3 	(i) an offense committed as a juvenile that would have been
21.4 	a predatory crime or a violation of section 609.224 or 609.2242
21.5 	if committed by an adult; or
21.6 	(ii) a violation or attempted violation of a similar law of
21.7 	any other state or the United States; or
21.8 	(3) the offender planned or prepared for the crime prior to
21.9 	its commission.
21.10 	
EFFECTIVE DATE. This section is effective August 1, 2005,
21.11 	and applies to crimes committed on or after that date.

21.12 	Sec. 9. Minnesota Statutes 2004, section 609.108,
21.13 	subdivision 6, is amended to read:
21.14 		Subd. 6.Conditional release.  At the time of sentencing
21.15 	under subdivision 1, the court shall provide that after the
21.16 	offender has completed the sentence imposed, less any good time
21.17 	earned by an offender whose crime was committed before August 1,
21.18 	1993, the commissioner of corrections shall place the offender
21.19 	on conditional release for the remainder of the statutory
21.20 	maximum period, or for ten years, whichever is longer. The
21.21 	terms of conditional release are governed by section 609.3455.
21.22 	The conditions of release may include successful completion
21.23 	of treatment and aftercare in a program approved by the
21.24 	commissioner, satisfaction of the release conditions specified
21.25 	in section 244.05, subdivision 6, and any other conditions the
21.26 	commissioner considers appropriate.  Before the offender is
21.27 	released, the commissioner shall notify the sentencing court,
21.28 	the prosecutor in the jurisdiction where the offender was
21.29 	sentenced, and the victim of the offender's crime, where
21.30 	available, of the terms of the offender's conditional release.
21.31 	If the offender fails to meet any condition of release, the
21.32 	commissioner may revoke the offender's conditional release and
21.33 	order that the offender serve all or a part of the remaining
21.34 	portion of the conditional release term in prison.  The
21.35 	commissioner shall not dismiss the offender from supervision
21.36 	before the conditional release term expires.
22.1 	Conditional release granted under this subdivision is
22.2 	governed by provisions relating to supervised release, except as
22.3 	otherwise provided in this subdivision, section 244.04,
22.4 	subdivision 1, or 244.05.
22.5 	
EFFECTIVE DATE. This section is effective August 1, 2005,
22.6 	and applies to crimes committed on or after that date.

22.7 	Sec. 10. Minnesota Statutes 2004, section 609.341,
22.8 	subdivision 14, is amended to read:
22.9 		Subd. 14.Coercion.  "Coercion" means the use by the
22.10 	actor of words or circumstances that cause the complainant
22.11 	reasonably to fear that the actor will inflict bodily harm upon,
22.12 	or hold in confinement,the complainant or another, or force the
22.13 	use by the actor of confinement, or superior size or strength,
22.14 	against the complainant that causes the complainant to submit to
22.15 	sexual penetration or contact, but against the complainant's
22.16 	will.Proof of coercion does not require proof of a specific
22.17 	act or threat.
22.18 	
EFFECTIVE DATE. This section is effective August 1, 2005,
22.19 	and applies to crimes committed on or after that date.

22.20 	Sec. 11. Minnesota Statutes 2004, section 609.341, is
22.21 	amended by adding a subdivision to read:
22.22 		Subd. 22.Predatory crime. "Predatory crime" means a
22.23 	felony violation of section 609.185 (first-degree murder),
22.24 	609.19 (second-degree murder), 609.195 (third-degree murder),
22.25 	609.20 (first-degree manslaughter), 609.205 (second-degree
22.26 	manslaughter), 609.221 (first-degree assault), 609.222
22.27 	(second-degree assault), 609.223 (third-degree assault), 609.24
22.28 	(simple robbery), 609.245 (aggravated robbery), 609.25
22.29 	(kidnapping), 609.255 (false imprisonment), 609.498 (tampering
22.30 	with a witness), 609.561 (first-degree arson), or 609.582,
22.31 	subdivision 1 (first-degree burglary).
22.32 	
EFFECTIVE DATE. This section is effective August 1, 2005,
22.33 	and applies to crimes committed on or after that date.

22.34 	Sec. 12. Minnesota Statutes 2004, section 609.342,
22.35 	subdivision 2, is amended to read:
22.36 		Subd. 2.Penalty.  (a) Except as otherwise provided in
23.1 	section 609.109or 609.3455, a person convicted under
23.2 	subdivision 1 may be sentenced to imprisonment for not more than
23.3 	30 years or to a payment of a fine of not more than $40,000, or
23.4 	both.
23.5 	(b) Unless a longer mandatory minimum sentence is otherwise
23.6 	required by law or the Sentencing Guidelines provide for a
23.7 	longer presumptive executed sentence, the court shall presume
23.8 	that an executed sentence of 144 months must be imposed on an
23.9 	offender convicted of violating this section.  Sentencing a
23.10 	person in a manner other than that described in this paragraph
23.11 	is a departure from the Sentencing Guidelines.
23.12 	(c) A person convicted under this section is also subject
23.13 	to conditional release under section 609.3455.
23.14 	
EFFECTIVE DATE. This section is effective August 1, 2005,
23.15 	and applies to crimes committed on or after that date.

23.16 	Sec. 13. Minnesota Statutes 2004, section 609.342,
23.17 	subdivision 3, is amended to read:
23.18 		Subd. 3.Stay.  Except when imprisonment is required
23.19 	under section 609.109or 609.3455, if a person is convicted
23.20 	under subdivision 1, clause (g), the court may stay imposition
23.21 	or execution of the sentence if it finds that:
23.22 	(a) a stay is in the best interest of the complainant or
23.23 	the family unit; and
23.24 	(b) a professional assessment indicates that the offender
23.25 	has been accepted by and can respond to a treatment program.
23.26 	If the court stays imposition or execution of sentence, it
23.27 	shall include the following as conditions of probation:
23.28 	(1) incarceration in a local jail or workhouse;
23.29 	(2) a requirement that the offender complete a treatment
23.30 	program; and
23.31 	(3) a requirement that the offender have no unsupervised
23.32 	contact with the complainant until the offender has successfully
23.33 	completed the treatment program unless approved by the treatment
23.34 	program and the supervising correctional agent.
23.35 	
EFFECTIVE DATE. This section is effective August 1, 2005,
23.36 	and applies to crimes committed on or after that date.

24.1 	Sec. 14. Minnesota Statutes 2004, section 609.343,
24.2 	subdivision 2, is amended to read:
24.3 		Subd. 2.Penalty.  (a) Except as otherwise provided in
24.4 	section 609.109or 609.3455, a person convicted under
24.5 	subdivision 1 may be sentenced to imprisonment for not more than
24.6 	25 years or to a payment of a fine of not more than $35,000, or
24.7 	both.
24.8 	(b) Unless a longer mandatory minimum sentence is otherwise
24.9 	required by law or the Sentencing Guidelines provide for a
24.10 	longer presumptive executed sentence, the court shall presume
24.11 	that an executed sentence of 90 months must be imposed on an
24.12 	offender convicted of violating subdivision 1, clause (c), (d),
24.13 	(e), (f), or (h).  Sentencing a person in a manner other than
24.14 	that described in this paragraph is a departure from the
24.15 	Sentencing Guidelines.
24.16 	(c) A person convicted under this section is also subject
24.17 	to conditional release under section 609.3455.
24.18 	
EFFECTIVE DATE. This section is effective August 1, 2005,
24.19 	and applies to crimes committed on or after that date.

24.20 	Sec. 15. Minnesota Statutes 2004, section 609.343,
24.21 	subdivision 3, is amended to read:
24.22 		Subd. 3.Stay.  Except when imprisonment is required
24.23 	under section 609.109or 609.3455, if a person is convicted
24.24 	under subdivision 1, clause (g), the court may stay imposition
24.25 	or execution of the sentence if it finds that:
24.26 	(a) a stay is in the best interest of the complainant or
24.27 	the family unit; and
24.28 	(b) a professional assessment indicates that the offender
24.29 	has been accepted by and can respond to a treatment program.
24.30 	If the court stays imposition or execution of sentence, it
24.31 	shall include the following as conditions of probation:
24.32 	(1) incarceration in a local jail or workhouse;
24.33 	(2) a requirement that the offender complete a treatment
24.34 	program; and
24.35 	(3) a requirement that the offender have no unsupervised
24.36 	contact with the complainant until the offender has successfully
25.1 	completed the treatment program unless approved by the treatment
25.2 	program and the supervising correctional agent.
25.3 	
EFFECTIVE DATE. This section is effective August 1, 2005,
25.4 	and applies to crimes committed on or after that date.

25.5 	Sec. 16. Minnesota Statutes 2004, section 609.344,
25.6 	subdivision 2, is amended to read:
25.7 		Subd. 2.Penalty. Except as otherwise provided in
25.8 	section 609.3455,a person convicted under subdivision 1 may be
25.9 	sentenced to imprisonment for not more than 15 years or to a
25.10 	payment of a fine of not more than $30,000, or both. A person
25.11 	convicted under this section is also subject to conditional
25.12 	release under section 609.3455.
25.13 	
EFFECTIVE DATE. This section is effective August 1, 2005,
25.14 	and applies to crimes committed on or after that date.

25.15 	Sec. 17. Minnesota Statutes 2004, section 609.344,
25.16 	subdivision 3, is amended to read:
25.17 		Subd. 3.Stay.  Except when imprisonment is required
25.18 	under section 609.109or 609.3455, if a person is convicted
25.19 	under subdivision 1, clause (f), the court may stay imposition
25.20 	or execution of the sentence if it finds that:
25.21 	(a) a stay is in the best interest of the complainant or
25.22 	the family unit; and
25.23 	(b) a professional assessment indicates that the offender
25.24 	has been accepted by and can respond to a treatment program.
25.25 	If the court stays imposition or execution of sentence, it
25.26 	shall include the following as conditions of probation:
25.27 	(1) incarceration in a local jail or workhouse;
25.28 	(2) a requirement that the offender complete a treatment
25.29 	program; and
25.30 	(3) a requirement that the offender have no unsupervised
25.31 	contact with the complainant until the offender has successfully
25.32 	completed the treatment program unless approved by the treatment
25.33 	program and the supervising correctional agent.
25.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
25.35 	and applies to crimes committed on or after that date.

25.36 	Sec. 18. Minnesota Statutes 2004, section 609.345,
26.1 	subdivision 2, is amended to read:
26.2 		Subd. 2.Penalty. Except as otherwise provided in
26.3 	section 609.3455,a person convicted under subdivision 1 may be
26.4 	sentenced to imprisonment for not more than ten years or to a
26.5 	payment of a fine of not more than $20,000, or both. A person
26.6 	convicted under this section is also subject to conditional
26.7 	release under section 609.3455.
26.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
26.9 	and applies to crimes committed on or after that date.

26.10 	Sec. 19. Minnesota Statutes 2004, section 609.345,
26.11 	subdivision 3, is amended to read:
26.12 		Subd. 3.Stay.  Except when imprisonment is required
26.13 	under section 609.109or 609.3455, if a person is convicted
26.14 	under subdivision 1, clause (f), the court may stay imposition
26.15 	or execution of the sentence if it finds that:
26.16 	(a) a stay is in the best interest of the complainant or
26.17 	the family unit; and
26.18 	(b) a professional assessment indicates that the offender
26.19 	has been accepted by and can respond to a treatment program.
26.20 	If the court stays imposition or execution of sentence, it
26.21 	shall include the following as conditions of probation:
26.22 	(1) incarceration in a local jail or workhouse;
26.23 	(2) a requirement that the offender complete a treatment
26.24 	program; and
26.25 	(3) a requirement that the offender have no unsupervised
26.26 	contact with the complainant until the offender has successfully
26.27 	completed the treatment program unless approved by the treatment
26.28 	program and the supervising correctional agent.
26.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
26.30 	and applies to crimes committed on or after that date.

26.31 	Sec. 20. [609.3453] CRIMINAL SEXUAL PREDATORY CONDUCT.
26.32 		Subdivision 1.Crime defined. A person is guilty of
26.33 	criminal sexual predatory conduct if the person commits a
26.34 	predatory crime that was motivated by the offender's sexual
26.35 	impulses or was part of a predatory pattern of behavior that had
26.36 	criminal sexual conduct as its goal.
27.1 		Subd. 2.Penalty. (a) Except as provided in section
27.2 	609.3455, the statutory maximum sentence for a violation of
27.3 	subdivision 1 is:  (1) 25 percent longer than for the underlying
27.4 	predatory crime; or (2) 50 percent longer than for the
27.5 	underlying predatory crime, if the violation is committed by a
27.6 	person with a previous sex offense conviction, as defined in
27.7 	section 609.3455, subdivision 1.
27.8 	(b) In addition to the sentence imposed under paragraph
27.9 	(a), the person may also be sentenced to the payment of a fine
27.10 	of not more than $20,000.
27.11 	(c) A person convicted under this section is also subject
27.12 	to conditional release under section 609.3455.
27.13 	
EFFECTIVE DATE. This section is effective August 1, 2005,
27.14 	and applies to crimes committed on or after that date.

27.15 	Sec. 21. [609.3455] DANGEROUS SEX OFFENDERS; LIFE
27.16 	SENTENCES; CONDITIONAL RELEASE.
27.17 		Subdivision 1.Definitions. (a) As used in this section,
27.18 	the following terms have the meanings given.
27.19 	(b) "Conviction" includes a conviction as an extended
27.20 	jurisdiction juvenile under section 260B.130 for a violation of,
27.21 	or an attempt to violate, section 609.342, 609.343, 609.344, or
27.22 	609.3453, if the adult sentence has been executed.
27.23 	(c) "Extreme inhumane conditions" mean situations where,
27.24 	either before or after the sexual penetration or sexual contact,
27.25 	the offender knowingly causes or permits the complainant to be
27.26 	placed in a situation likely to cause the complainant severe
27.27 	ongoing mental, emotional, or psychological harm, or causes the
27.28 	complainant's death.
27.29 	(d) A "heinous element" includes:
27.30 	(1) the offender tortured the complainant;
27.31 	(2) the offender intentionally inflicted great bodily harm
27.32 	upon the complainant;
27.33 	(3) the offender intentionally mutilated the complainant;
27.34 	(4) the offender exposed the complainant to extreme
27.35 	inhumane conditions;
27.36 	(5) the offender was armed with a dangerous weapon or any
28.1 	article used or fashioned in a manner to lead the complainant to
28.2 	reasonably believe it to be a dangerous weapon and used or
28.3 	threatened to use the weapon or article to cause the complainant
28.4 	to submit;
28.5 	(6) the offense involved sexual penetration or sexual
28.6 	contact with more than one victim;
28.7 	(7) the offense involved more than one perpetrator engaging
28.8 	in sexual penetration or sexual contact with the complainant; or 
28.9 	(8) the offender, without the complainant's consent,
28.10 	removed the complainant from one place to another and did not
28.11 	release the complainant in a safe place.
28.12 	(e) "Mutilation" means the intentional infliction of
28.13 	physical abuse designed to cause serious permanent disfigurement
28.14 	or permanent or protracted loss or impairment of the functions
28.15 	of any bodily member or organ, where the offender relishes the
28.16 	infliction of the abuse, evidencing debasement or perversion.
28.17 	(f) A conviction is considered a "previous sex offense
28.18 	conviction" if the offender was convicted and sentenced for a
28.19 	sex offense before the commission of the present offense.
28.20 	(g) A conviction is considered a "prior sex offense
28.21 	conviction" if the offender was convicted of committing a sex
28.22 	offense before the offender has been convicted of the present
28.23 	offense, regardless of whether the offender was convicted for
28.24 	the first offense before the commission of the present offense,
28.25 	and the convictions involved separate behavioral incidents.
28.26 	(h) "Sex offense" means any violation of, or attempt to
28.27 	violate, section 609.342, 609.343, 609.344, 609.345, 609.3451,
28.28 	609.3453, or any similar statute of the United States, this
28.29 	state, or any other state.
28.30 	(i) "Torture" means the intentional infliction of extreme
28.31 	mental anguish, or extreme psychological or physical abuse, when
28.32 	committed in an especially depraved manner.
28.33 	(j) An offender has "two previous sex offense convictions"
28.34 	only if the offender was convicted and sentenced for a sex
28.35 	offense committed after the offender was earlier convicted and
28.36 	sentenced for a sex offense and both convictions preceded the
29.1 	commission of the present offense of conviction.
29.2 		Subd. 2.Mandatory life sentence without release for
29.3 	particularly egregious first-time and repeat offenders. (a)
29.4 	Notwithstanding the statutory maximum penalty otherwise
29.5 	applicable to the offense, the court shall sentence a person
29.6 	convicted under section 609.342, subdivision 1, paragraph (c),
29.7 	(d), (e), (f), or (h); or 609.343, subdivision 1, paragraph (c),
29.8 	(d), (e), (f), or (h), to life without the possibility of
29.9 	release if:
29.10 	(1) the factfinder determines that two or more heinous
29.11 	elements exist; or 
29.12 	(2) the person has a previous sex offense conviction for a
29.13 	violation of section 609.342, 609.343, or 609.344, and the fact
29.14 	finder determines that a heinous element exists for the present
29.15 	offense.
29.16 	(b) A factfinder may not consider a heinous element if it
29.17 	is an element of the underlying specified violation of section
29.18 	609.342 or 609.343.  In addition, when determining whether two
29.19 	or more heinous elements exist, the factfinder may not use the
29.20 	same underlying facts to support a determination that more than
29.21 	one element exists.
29.22 		Subd. 3.Mandatory life sentence for egregious first-time
29.23 	offenders. (a) Notwithstanding the statutory maximum penalty
29.24 	otherwise applicable to the offense, the court shall sentence a
29.25 	person to imprisonment for life if the person is convicted under
29.26 	section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or
29.27 	(h), or 609.343, subdivision 1, paragraph (c), (d), (e), (f), or
29.28 	(h); and the factfinder determines that a heinous element exists.
29.29 	(b) The factfinder may not consider a heinous element if it
29.30 	is an element of the underlying specified violation of section
29.31 	609.342 or 609.343.
29.32 		Subd. 4.Mandatory life sentence; repeat offenders. (a)
29.33 	Notwithstanding the statutory maximum penalty otherwise
29.34 	applicable to the offense, the court shall sentence a person to
29.35 	imprisonment for life if the person is convicted of violating
29.36 	section 609.342, 609.343, 609.344, 609.345, or 609.3453 and:
30.1 	(1) the person has two previous sex offense convictions;
30.2 	(2) the person has a previous sex offense conviction and:
30.3 	(i) the present offense involved an aggravating factor that
30.4 	would provide grounds for an upward durational departure under
30.5 	the sentencing guidelines other than the aggravating factor
30.6 	applicable to repeat criminal sexual conduct convictions;
30.7 	(ii) the person received an upward durational departure
30.8 	from the sentencing guidelines for the previous sex offense
30.9 	conviction; or 
30.10 	(iii) the person was sentenced under section 609.108 for
30.11 	the previous sex offense conviction; or 
30.12 	(3) the person has two prior sex offense convictions, the
30.13 	prior convictions and present offense involved at least three
30.14 	separate victims, and:
30.15 	(i) the present offense involved an aggravating factor that
30.16 	would provide grounds for an upward durational departure under
30.17 	the sentencing guidelines other than the aggravating factor
30.18 	applicable to repeat criminal sexual conduct convictions;
30.19 	(ii) the person received an upward durational departure
30.20 	from the sentencing guidelines for one of the prior sex offense
30.21 	convictions; or 
30.22 	(iii) the person was sentenced under section 609.108 for
30.23 	one of the prior sex offense convictions.
30.24 	(b) Notwithstanding paragraph (a), a court may not sentence
30.25 	a person to imprisonment for life for a violation of section
30.26 	609.345, unless the person's previous or prior sex offense
30.27 	convictions that are being used as the basis for the sentence
30.28 	are for violations of section 609.342, 609.343, 609.344, or
30.29 	609.3453, or any similar statute of the United States, this
30.30 	state, or any other state.
30.31 		Subd. 5.Life sentences; minimum term of
30.32 	imprisonment. At the time of sentencing under subdivision 3 or
30.33 	4, the court shall specify a minimum term of imprisonment, based
30.34 	on the sentencing guidelines or any applicable mandatory minimum
30.35 	sentence, that must be served before the offender may be
30.36 	considered for supervised release.
31.1 		Subd. 6.Mandatory ten-year conditional release term.
 31.2 	Notwithstanding the statutory maximum sentence otherwise
31.3 	applicable to the offense and unless a longer conditional
31.4 	release term is required in subdivision 7, when a court commits
31.5 	an offender to the custody of the commissioner of corrections
31.6 	for a violation of section 609.342, 609.343, 609.344, 609.345,
31.7 	or 609.3453, the court shall provide that, after the offender
31.8 	has completed the sentence imposed, the commissioner shall place
31.9 	the offender on conditional release for ten years, minus the
31.10 	time the offender served on supervised release.
31.11 		Subd. 7.Mandatory lifetime conditional release term. (a)
31.12 	When a court sentences an offender under subdivision 3 or 4, the
31.13 	court shall provide that, if the offender is released from
31.14 	prison, the commissioner of corrections shall place the offender
31.15 	on conditional release for the remainder of the offender's life.
31.16 	(b) Notwithstanding the statutory maximum sentence
31.17 	otherwise applicable to the offense, when the court commits an
31.18 	offender to the custody of the commissioner of corrections for a
31.19 	violation of section 609.342, 609.343, 609.344, 609.345, or
31.20 	609.3453, and the offender has a previous or prior sex offense
31.21 	conviction, the court shall provide that, after the offender has
31.22 	completed the sentence imposed, the commissioner shall place the
31.23 	offender on conditional release for the remainder of the
31.24 	offender's life.
31.25 	(c) Notwithstanding paragraph (b), an offender may not be
31.26 	placed on lifetime conditional release for a violation of
31.27 	section 609.345, unless the offender's previous or prior sex
31.28 	offense conviction is for a violation of section 609.342,
31.29 	609.343, 609.344, or 609.3453, or any similar statute of the
31.30 	United States, this state, or any other state.
31.31 		Subd. 8.Terms of conditional release; applicable to all
31.32 	sex offenders. (a) The provisions of this subdivision relating
31.33 	to conditional release apply to all sex offenders sentenced to
31.34 	prison for a violation of section 609.342, 609.343, 609.344,
31.35 	609.345, or 609.3453.  Except as provided in this subdivision,
31.36 	conditional release of sex offenders is governed by provisions
32.1 	relating to supervised release.  The commissioner of corrections
32.2 	may not dismiss an offender on conditional release from
32.3 	supervision until the offender's conditional release term
32.4 	expires.
32.5 	(b) The conditions of release may include successful
32.6 	completion of treatment and aftercare in a program approved by
32.7 	the commissioner, satisfaction of the release conditions
32.8 	specified in section 244.05, subdivision 6, and any other
32.9 	conditions the commissioner considers appropriate.  Before the
32.10 	offender is placed on conditional release, the commissioner
32.11 	shall notify the sentencing court and the prosecutor in the
32.12 	jurisdiction where the offender was sentenced of the terms of
32.13 	the offender's conditional release.  The commissioner also shall
32.14 	make reasonable efforts to notify the victim of the offender's
32.15 	crime of the terms of the offender's conditional release.  If
32.16 	the offender fails to meet any condition of release, the
32.17 	commissioner may revoke the offender's conditional release and
32.18 	order that the offender serve all or a part of the remaining
32.19 	portion of the conditional release term in prison.
32.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
32.21 	and applies to crimes committed on or after that date.

32.22 	Sec. 22. SENTENCING GUIDELINES, MODIFICATIONS.
 32.23 	(a) By January 15, 2006, the Sentencing Guidelines
32.24 	Commission shall propose to the legislature modifications to the
32.25 	sentencing guidelines, including the guidelines grid, regarding
32.26 	sex offenders.  When proposing the modifications, the commission
32.27 	must propose a separate sex offender grid based on the
32.28 	sentencing changes made in this act relating to sex offenders.
32.29 	(b) Modifications proposed by the commission under this
32.30 	section take effect August 1, 2006, unless the legislature by
32.31 	law provides otherwise.

32.32 	EFFECTIVE DATE. This section is effective the day
32.33 	following final enactment.

32.34 	Sec. 23. REPEALER.
 32.35 	Minnesota Statutes 2004, sections 609.108, subdivision 2;
32.36 	and 609.109, subdivision 7, are repealed.

33.1 	EFFECTIVE DATE. This section is effective August 1, 2005,
33.2 	and applies to crimes committed on or after that date.

33.3 	ARTICLE 3
33.4 	SEX OFFENDERS:  PREDATORY OFFENDER REGISTRATION;
33.5 	COMMUNITY NOTIFICATION; MISCELLANEOUS PROVISIONS

33.6 	Section 1. Minnesota Statutes 2004, section 13.82, is
33.7 	amended by adding a subdivision to read:
33.8 		Subd. 28.Disclosure of predatory offender registrant
33.9 	status. Law enforcement agency disclosure to health facilities
33.10 	of the registrant status of a registered predatory offender is
33.11 	governed by section 244.052.
33.12 	
EFFECTIVE DATE. This section is effective July 1, 2005.

33.13 	Sec. 2. Minnesota Statutes 2004, section 144A.135, is
33.14 	amended to read:
33.15 	144A.135 TRANSFER AND DISCHARGE APPEALS.
33.16 	(a) The commissioner shall establish a mechanism for
33.17 	hearing appeals on transfers and discharges of residents by
33.18 	nursing homes or boarding care homes licensed by the
33.19 	commissioner.  The commissioner may adopt permanent rules to
33.20 	implement this section.
33.21 	(b) Until federal regulations are adopted under sections
33.22 	1819(f)(3) and 1919(f)(3) of the Social Security Act that govern
33.23 	appeals of the discharges or transfers of residents from nursing
33.24 	homes and boarding care homes certified for participation in
33.25 	Medicare or medical assistance, the commissioner shall provide
33.26 	hearings under sections 14.57 to 14.62 and the rules adopted by
33.27 	the Office of Administrative Hearings governing contested
33.28 	cases.  To appeal the discharge or transfer, or notification of
33.29 	an intended discharge or transfer, a resident or the resident's
33.30 	representative must request a hearing in writing no later than
33.31 	30 days after receiving written notice, which conforms to state
33.32 	and federal law, of the intended discharge or transfer.
33.33 	(c) Hearings under this section shall be held no later than
33.34 	14 days after receipt of the request for hearing, unless
33.35 	impractical to do so or unless the parties agree otherwise.
33.36 	Hearings shall be held in the facility in which the resident
34.1 	resides, unless impractical to do so or unless the parties agree
34.2 	otherwise.
34.3 	(d) A resident who timely appeals a notice of discharge or
34.4 	transfer, and who resides in a certified nursing home or
34.5 	boarding care home, may not be discharged or transferred by the
34.6 	nursing home or boarding care home until resolution of the
34.7 	appeal.  The commissioner can order the facility to readmit the
34.8 	resident if the discharge or transfer was in violation of state
34.9 	or federal law.  If the resident is required to be hospitalized
34.10 	for medical necessity before resolution of the appeal, the
34.11 	facility shall readmit the resident unless the resident's
34.12 	attending physician documents, in writing, why the resident's
34.13 	specific health care needs cannot be met in the facility.
34.14 	(e) The commissioner and Office of Administrative Hearings
34.15 	shall conduct the hearings in compliance with the federal
34.16 	regulations described in paragraph (b), when adopted.
34.17 	(f) Nothing in this section limits the right of a resident
34.18 	or the resident's representative to request or receive
34.19 	assistance from the Office of Ombudsman for Older Minnesotans or
34.20 	the Office of Health Facility Complaints with respect to an
34.21 	intended discharge or transfer.
34.22 	(g) A person required to inform a health care facility of
34.23 	the person's status as a registered predatory offender under
34.24 	section 243.166, subdivision 4b, who knowingly fails to do so
34.25 	shall be deemed to have endangered the safety of individuals in
34.26 	the facility under Code of Federal Regulations, chapter 42,
34.27 	section 483.12.  Notwithstanding paragraph (d), any appeal of
34.28 	the notice and discharge shall not constitute a stay of the
34.29 	discharge.

34.30 	EFFECTIVE DATE. This section is effective August 1, 2005.

34.31 	Sec. 3. Minnesota Statutes 2004, section 241.06, is
34.32 	amended to read:
34.33 	241.06 RECORD OF INMATES; DEPARTMENT OF CORRECTIONS.
34.34 		Subdivision 1.General. The commissioner of corrections
34.35 	shall keep in the commissioner's office, accessible only by the
34.36 	commissioner's consent or on the order of a judge or court of
35.1 	record, a record showing the residence, sex, age, nativity,
35.2 	occupation, civil condition, and date of entrance or commitment
35.3 	of every person, inmate, or convict in the facilities under the
35.4 	commissioner's exclusive control, the date of discharge and
35.5 	whether such discharge was final, the condition of such person
35.6 	when the person left the facility, and the date and cause of all
35.7 	deaths.  The records shall state every transfer from one
35.8 	facility to another, naming each.  This information shall be
35.9 	furnished to the commissioner of corrections by each facility,
35.10 	with such other obtainable facts as the commissioner may from
35.11 	time to time require.  The chief executive officer of each such
35.12 	facility, within ten days after the commitment or entrance
35.13 	thereto of a person, inmate, or convict, shall cause a true copy
35.14 	of the entrance record to be forwarded to the commissioner of
35.15 	corrections.  When a person, inmate, or convict leaves, is
35.16 	discharged or transferred, or dies in any facility, the chief
35.17 	executive officer, or other person in charge shall inform the
35.18 	commissioner of corrections within ten days thereafter on forms
35.19 	furnished by the commissioner.
35.20 	The commissioner of corrections may authorize the chief
35.21 	executive officer of any facility under the commissioner's
35.22 	control to release to probation officers, local social services
35.23 	agencies or other specifically designated interested persons or
35.24 	agencies any information regarding any person, inmate, or
35.25 	convict thereat, if, in the opinion of the commissioner, it will
35.26 	be for the benefit of the person, inmate, or convict.
35.27 		Subd. 2.Sex offender information provided to supervising
35.28 	corrections agency. When an offender who is required to
35.29 	register as a predatory offender under section 243.166 is being
35.30 	released from prison, the commissioner shall provide to the
35.31 	corrections agency that will supervise the offender, the
35.32 	offender's prison records relating to psychological assessments,
35.33 	medical and mental health issues, and treatment.
35.34 	
EFFECTIVE DATE. This section is effective July 1, 2005.

35.35 	Sec. 4. Minnesota Statutes 2004, section 241.67,
35.36 	subdivision 3, is amended to read:
36.1 		Subd. 3.Programs for adult offenders committed to the
36.2 	commissioner.  (a) The commissioner shall provide for a range of
36.3 	sex offender programs, including intensive sex offender
36.4 	programs, within the state adult correctional facility system.
36.5 	Participation in any program is subject to the rules and
36.6 	regulations of the Department of Corrections.  Nothing in this
36.7 	section requires the commissioner to accept or retain an
36.8 	offender in a program if the offender is determined by prison
36.9 	professionals as unamenable to programming within the prison
36.10 	system or if the offender refuses or fails to comply with the
36.11 	program's requirements.  Nothing in this section creates a right
36.12 	of an offender to treatment.
36.13 	(b) The commissioner shall develop a plan to provide for
36.14 	residential and outpatient sex offender programming and
36.15 	aftercare when required for conditional release under section
36.16 	609.108 or as a condition of supervised release. The plan may
36.17 	include co-payments from the offender, third-party payers, local
36.18 	agencies, or other funding sources as they are identified.
36.19 	
EFFECTIVE DATE. This section is effective July 1, 2005.

36.20 	Sec. 5. Minnesota Statutes 2004, section 241.67,
36.21 	subdivision 7, is amended to read:
36.22 		Subd. 7.Funding priority; program effectiveness.  (a)
36.23 	Unless otherwise directed by the terms of a particular
36.24 	appropriations provision, the commissioner shall give priority
36.25 	to the funding of juvenile sex offender programs over the
36.26 	funding of adult sex offender programs.
36.27 	(b) Every county or private sex offender program that seeks
36.28 	new or continued state funding or reimbursement shall provide
36.29 	the commissioner with any information relating to the program's
36.30 	effectiveness that the commissioner considers necessary.  The
36.31 	commissioner shall deny state funding or reimbursement to any
36.32 	county or private program that fails to provide this information
36.33 	or that appears to be an ineffective program.
36.34 	
EFFECTIVE DATE. This section is effective August 1, 2005.

36.35 	Sec. 6. Minnesota Statutes 2004, section 241.67,
36.36 	subdivision 8, is amended to read:
37.1 		Subd. 8.Community-based sex offender program evaluation
37.2 	project.  (a) For the purposes of this project subdivision, a
37.3 	sex offender is an adult who has been convicted, or a juvenile
37.4 	who has been adjudicated, for a sex offense or a sex-related
37.5 	offense which would require registration under section 243.166.
37.6 	(b) The commissioner shall develop a long-term project to
37.7 	accomplish the following:
37.8 	(1) provide collect follow-up information on each sex
37.9 	offender for a period of three years following the offender's
37.10 	completion of or termination from treatment for the purpose of
37.11 	providing periodic reports to the legislature;
37.12 	(2) provide treatment programs in several geographical
37.13 	areas in the state;
37.14 	(3) provide the necessary data to form the basis to
37.15 	recommend a fiscally sound plan to provide a coordinated
37.16 	statewide system of effective sex offender treatment
37.17 	programming; and
37.18 	(4) provide an opportunity to local and regional
37.19 	governments, agencies, and programs to establish models of sex
37.20 	offender programs that are suited to the needs of that region.
37.21 	(c) The commissioner shall establish an advisory task force
37.22 	consisting of county probation officers from Community
37.23 	Corrections Act counties and other counties, court services
37.24 	providers, and other interested officials.  The commissioner
37.25 	shall consult with the task force concerning the establishment
37.26 	and operation of the project on how best to implement the
37.27 	requirements of this subdivision.
37.28 	
EFFECTIVE DATE. This section is effective August 1, 2005.

37.29 	Sec. 7. Minnesota Statutes 2004, section 242.195,
37.30 	subdivision 1, is amended to read:
37.31 		Subdivision 1.Sex offender programs.  (a) The
37.32 	commissioner of corrections shall develop a plan to provide for
37.33 	a range of sex offender programs, including intensive sex
37.34 	offender programs, for juveniles within state juvenile
37.35 	correctional facilities and through purchase of service from
37.36 	county and private residential and outpatient juvenile sex
38.1 	offender programs. The plan may include co-payments from the
38.2 	offenders, third-party payers, local agencies, and other funding
38.3 	sources as they are identified.
38.4 	(b) The commissioner shall establish and operate a
38.5 	residential sex offender program at one of the state juvenile
38.6 	correctional facilities.  The program must be structured to
38.7 	address both the therapeutic and disciplinary needs of juvenile
38.8 	sex offenders.  The program must afford long-term residential
38.9 	treatment for a range of juveniles who have committed sex
38.10 	offenses and have failed other treatment programs or are not
38.11 	likely to benefit from an outpatient or a community-based
38.12 	residential treatment program.
38.13 	
EFFECTIVE DATE. This section is effective July 1, 2005.

38.14 	Sec. 8. Minnesota Statutes 2004, section 243.166, is
38.15 	amended to read:
38.16 	243.166 REGISTRATION OF PREDATORY OFFENDERS.
38.17 		Subdivision 1.Registration required. (a) A person shall
38.18 	register under this section if:
38.19 	(1) the person was charged with or petitioned for a felony
38.20 	violation of or attempt to violate any of the following, and
38.21 	convicted of or adjudicated delinquent for that offense or
38.22 	another offense arising out of the same set of circumstances:
38.23 	(i) murder under section 609.185, clause (2); or 
38.24 	(ii) kidnapping under section 609.25; or 
38.25 	(iii) criminal sexual conduct under section 609.342;
38.26 	609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
38.27 	(iv) indecent exposure under section 617.23, subdivision 3;
38.28 	or 
38.29 	(2) the person was charged with or petitioned for falsely
38.30 	imprisoning a minor in violation of section 609.255, subdivision
38.31 	2; soliciting a minor to engage in prostitution in violation of
38.32 	section 609.322 or 609.324; soliciting a minor to engage in
38.33 	sexual conduct in violation of section 609.352; using a minor in
38.34 	a sexual performance in violation of section 617.246; or
38.35 	possessing pornographic work involving a minor in violation of
38.36 	section 617.247, and convicted of or adjudicated delinquent for
39.1 	that offense or another offense arising out of the same set of
39.2 	circumstances; or 
39.3 	(3) the person was convicted of a predatory crime as
39.4 	defined in section 609.108, and the offender was sentenced as a
39.5 	patterned sex offender or the court found on its own motion or
39.6 	that of the prosecutor that the crime was part of a predatory
39.7 	pattern of behavior that had criminal sexual conduct as its
39.8 	goal; or 
39.9 	(4) the person was convicted of or adjudicated delinquent
39.10 	for, including pursuant to a court martial, violating a law of
39.11 	the United States, including the Uniform Code of Military
39.12 	Justice, similar to the offenses described in clause (1), (2),
39.13 	or (3).
39.14 	(b) A person also shall register under this section if:
39.15 	(1) the person was convicted of or adjudicated delinquent
39.16 	in another state for an offense that would be a violation of a
39.17 	law described in paragraph (a) if committed in this state;
39.18 	(2) the person enters the state to reside, or to work or
39.19 	attend school; and 
39.20 	(3) ten years have not elapsed since the person was
39.21 	released from confinement or, if the person was not confined,
39.22 	since the person was convicted of or adjudicated delinquent for
39.23 	the offense that triggers registration, unless the person is
39.24 	subject to lifetime registration, in which case the person must
39.25 	register for life regardless of when the person was released
39.26 	from confinement, convicted, or adjudicated delinquent.
39.27 	For purposes of this paragraph:
39.28 	(i) "school" includes any public or private educational
39.29 	institution, including any secondary school, trade or
39.30 	professional institution, or institution of higher education,
39.31 	that the person is enrolled in on a full-time or part-time
39.32 	basis; and 
39.33 	(ii) "work" includes employment that is full time or part
39.34 	time for a period of time exceeding 14 days or for an aggregate
39.35 	period of time exceeding 30 days during any calendar year,
39.36 	whether financially compensated, volunteered, or for the purpose
40.1 	of government or educational benefit.
40.2 	(c) A person also shall register under this section if the
40.3 	person was committed pursuant to a court commitment order under
40.4 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
40.5 	a similar law of another state or the United States, regardless
40.6 	of whether the person was convicted of any offense.
40.7 	(d) A person also shall register under this section if:
40.8 	(1) the person was charged with or petitioned for a felony
40.9 	violation or attempt to violate any of the offenses listed in
40.10 	paragraph (a), clause (1), or a similar law of another state or
40.11 	the United States, or the person was charged with or petitioned
40.12 	for a violation of any of the offenses listed in paragraph (a),
40.13 	clause (2), or a similar law of another state or the United
40.14 	States;
40.15 	(2) the person was found not guilty by reason of mental
40.16 	illness or mental deficiency after a trial for that offense, or
40.17 	found guilty but mentally ill after a trial for that offense, in
40.18 	states with a guilty but mentally ill verdict; and 
40.19 	(3) the person was committed pursuant to a court commitment
40.20 	order under section 253B.18 or a similar law of another state or
40.21 	the United States.
40.22 		Subd. 1a.Definitions. (a) As used in this section,
40.23 	unless the context clearly indicates otherwise, the following
40.24 	terms have the meanings given them.
40.25 	(b) "Bureau" means the Bureau of Criminal Apprehension.
40.26 	(c) "Dwelling" means the building where the person lives
40.27 	under a formal or informal agreement to do so.
40.28 	(d) "Incarceration" and "confinement" do not include
40.29 	electronic home monitoring.
40.30 	(e) "Law enforcement authority" or "authority" means, with
40.31 	respect to a home rule charter or statutory city, the chief of
40.32 	police, and with respect to an unincorporated area, the county
40.33 	sheriff.
40.34 	(f) "Motor vehicle" has the meaning given in section
40.35 	169.01, subdivision 2.
40.36 	(g) "Primary address" means the mailing address of the
41.1 	person's dwelling.  If the mailing address is different from the
41.2 	actual location of the dwelling, primary address also includes
41.3 	the physical location of the dwelling described with as much
41.4 	specificity as possible.
41.5 	(h) "School" includes any public or private educational
41.6 	institution, including any secondary school, trade, or
41.7 	professional institution, or institution of higher education,
41.8 	that the person is enrolled in on a full-time or part-time basis.
41.9 	(i) "Secondary address" means the mailing address of any
41.10 	place where the person regularly or occasionally stays overnight
41.11 	when not staying at the person's primary address.  If the
41.12 	mailing address is different from the actual location of the
41.13 	place, secondary address also includes the physical location of
41.14 	the place described with as much specificity as possible.
41.15 	(j) "Treatment facility" means a residential facility, as
41.16 	defined in section 244.052, subdivision 1, and residential
41.17 	chemical dependency treatment programs and halfway houses
41.18 	licensed under chapter 245A, including, but not limited to,
41.19 	those facilities directly or indirectly assisted by any
41.20 	department or agency of the United States.
41.21 	(k) "Work" includes employment that is full time or part
41.22 	time for a period of time exceeding 14 days or for an aggregate
41.23 	period of time exceeding 30 days during any calendar year,
41.24 	whether financially compensated, volunteered, or for the purpose
41.25 	of government or educational benefit.
41.26 		Subd. 1b.Registration required. (a) A person shall
41.27 	register under this section if:
41.28 	(1) the person was charged with or petitioned for a felony
41.29 	violation of or attempt to violate, or aiding, abetting, or
41.30 	conspiracy to commit, any of the following, and convicted of or
41.31 	adjudicated delinquent for that offense or another offense
41.32 	arising out of the same set of circumstances:
41.33 	(i) murder under section 609.185, clause (2);
41.34 	(ii) kidnapping under section 609.25;
41.35 	(iii) criminal sexual conduct under section 609.342;
41.36 	609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453;
42.1 	or 
42.2 	(iv) indecent exposure under section 617.23, subdivision 3;
42.3 	(2) the person was charged with or petitioned for a
42.4 	violation of, or attempt to violate, or aiding, abetting, or
42.5 	conspiracy to commit false imprisonment in violation of section
42.6 	609.255, subdivision 2; soliciting a minor to engage in
42.7 	prostitution in violation of section 609.322 or 609.324;
42.8 	soliciting a minor to engage in sexual conduct in violation of
42.9 	section 609.352; using a minor in a sexual performance in
42.10 	violation of section 617.246; or possessing pornographic work
42.11 	involving a minor in violation of section 617.247, and convicted
42.12 	of or adjudicated delinquent for that offense or another offense
42.13 	arising out of the same set of circumstances;
42.14 	(3) the person was sentenced as a patterned sex offender
42.15 	under section 609.108; or 
42.16 	(4) the person was convicted of or adjudicated delinquent
42.17 	for, including pursuant to a court martial, violating a law of
42.18 	the United States, including the Uniform Code of Military
42.19 	Justice, similar to the offenses described in clause (1), (2),
42.20 	or (3).
42.21 	(b) A person also shall register under this section if:
42.22 	(1) the person was convicted of or adjudicated delinquent
42.23 	in another state for an offense that would be a violation of a
42.24 	law described in paragraph (a) if committed in this state;
42.25 	(2) the person enters this state to reside, work, or attend
42.26 	school, or enters this state and remains for 14 days or longer;
42.27 	and 
42.28 	(3) ten years have not elapsed since the person was
42.29 	released from confinement or, if the person was not confined,
42.30 	since the person was convicted of or adjudicated delinquent for
42.31 	the offense that triggers registration, unless the person is
42.32 	subject to lifetime registration, in which case the person shall
42.33 	register for life regardless of when the person was released
42.34 	from confinement, convicted, or adjudicated delinquent.
42.35 	(c) A person also shall register under this section if the
42.36 	person was committed pursuant to a court commitment order under
43.1 	section 253B.185 or Minnesota Statutes 1992, section 526.10, or
43.2 	a similar law of another state or the United States, regardless
43.3 	of whether the person was convicted of any offense.
43.4 	(d) A person also shall register under this section if:
43.5 	(1) the person was charged with or petitioned for a felony
43.6 	violation or attempt to violate any of the offenses listed in
43.7 	paragraph (a), clause (1), or a similar law of another state or
43.8 	the United States, or the person was charged with or petitioned
43.9 	for a violation of any of the offenses listed in paragraph (a),
43.10 	clause (2), or a similar law of another state or the United
43.11 	States;
43.12 	(2) the person was found not guilty by reason of mental
43.13 	illness or mental deficiency after a trial for that offense, or
43.14 	found guilty but mentally ill after a trial for that offense, in
43.15 	states with a guilty but mentally ill verdict; and 
43.16 	(3) the person was committed pursuant to a court commitment
43.17 	order under section 253B.18 or a similar law of another state or
43.18 	the United States.
43.19 		Subd. 2.Notice. When a person who is required to
43.20 	register under subdivision 1 1b, paragraph (a), is sentenced or
43.21 	becomes subject to a juvenile court disposition order, the court
43.22 	shall tell the person of the duty to register under this section
43.23 	and that, if the person fails to comply with the registration
43.24 	requirements, information about the offender may be made
43.25 	available to the public through electronic, computerized, or
43.26 	other accessible means.  The court may not modify the person's
43.27 	duty to register in the pronounced sentence or disposition
43.28 	order.  The court shall require the person to read and sign a
43.29 	form stating that the duty of the person to register under this
43.30 	section has been explained.  The court shall forward the signed
43.31 	sex offender registration form, the complaint, and sentencing
43.32 	documents to the bureau of Criminal Apprehension.  If a person
43.33 	required to register under subdivision 1 1b, paragraph (a), was
43.34 	not notified by the court of the registration requirement at the
43.35 	time of sentencing or disposition, the assigned corrections
43.36 	agent shall notify the person of the requirements of this
44.1 	section.  When a person who is required to register under
44.2 	subdivision 1 1b, paragraph (c) or (d), is released from
44.3 	commitment, the treatment facility shall notify the person of
44.4 	the requirements of this section.  The treatment facility shall
44.5 	also obtain the registration information required under this
44.6 	section and forward it to the bureau of Criminal Apprehension.
44.7 		Subd. 3.Registration procedure. (a) Except as provided
44.8 	in subdivision 3a,a person required to register under this
44.9 	section shall register with the corrections agent as soon as the
44.10 	agent is assigned to the person.  If the person does not have an
44.11 	assigned corrections agent or is unable to locate the assigned
44.12 	corrections agent, the person shall register with the law
44.13 	enforcement agency authority that has jurisdiction in the area
44.14 	of the person's residence primary address.
44.15 	(b) Except as provided in subdivision 3a,at least five
44.16 	days before the person starts living at a new primary address,
44.17 	including living in another state, the person shall give written
44.18 	notice of the new primary living address to the assigned
44.19 	corrections agent or to the law enforcement authority with which
44.20 	the person currently is registered.  If the person will be
44.21 	living in a new state and that state has a registration
44.22 	requirement, the person shall also give written notice of the
44.23 	new address to the designated registration agency in the new
44.24 	state.  A person required to register under this section shall
44.25 	also give written notice to the assigned corrections agent or to
44.26 	the law enforcement authority that has jurisdiction in the area
44.27 	of the person's residence primary address that the person is no
44.28 	longer living or staying at an address, immediately after the
44.29 	person is no longer living or staying at that address.  The
44.30 	corrections agent or law enforcement authority shall, within two
44.31 	business days after receipt of this information, forward it to
44.32 	the bureau of Criminal Apprehension.  The bureau of Criminal
44.33 	Apprehension shall, if it has not already been done, notify the
44.34 	law enforcement authority having primary jurisdiction in the
44.35 	community where the person will live of the new address.  If the
44.36 	person is leaving the state, the bureau of Criminal Apprehension 
45.1 	shall notify the registration authority in the new state of the
45.2 	new address. If the person's obligation to register arose under
45.3 	subdivision 1, paragraph (b),The person's registration
45.4 	requirements under this section terminate when after the person
45.5 	begins living in the new state and the bureau has confirmed the
45.6 	address in the other state through the annual verification
45.7 	process on at least one occasion.
45.8 	(c) A person required to register under subdivision 1 1b,
45.9 	paragraph (b), because the person is working or attending school
45.10 	in Minnesota shall register with the law enforcement
45.11 	agency authority that has jurisdiction in the area where the
45.12 	person works or attends school.  In addition to other
45.13 	information required by this section, the person shall provide
45.14 	the address of the school or of the location where the person is
45.15 	employed.  A person must shall comply with this paragraph within
45.16 	five days of beginning employment or school.  A person's
45.17 	obligation to register under this paragraph terminates when the
45.18 	person is no longer working or attending school in Minnesota.
45.19 	(d) A person required to register under this section who
45.20 	works or attends school outside of Minnesota shall register as a
45.21 	predatory offender in the state where the person works or
45.22 	attends school.  The person's corrections agent, or if the
45.23 	person does not have an assigned corrections agent, the law
45.24 	enforcement authority that has jurisdiction in the area of the
45.25 	person's residence primary address shall notify the person of
45.26 	this requirement.
45.27 		Subd. 3a.Registration procedure when person lacks
45.28 	primary address. (a) If a person leaves a primary address and
45.29 	does not have a new primary address, the person shall register
45.30 	with the law enforcement authority that has jurisdiction in the
45.31 	area where the person is staying within 24 hours of the time the
45.32 	person no longer has a primary address.
45.33 	(b) A person who lacks a primary address shall register
45.34 	with the law enforcement authority that has jurisdiction in the
45.35 	area where the person is staying within 24 hours after entering
45.36 	the jurisdiction.  Each time a person who lacks a primary
46.1 	address moves to a new jurisdiction without acquiring a new
46.2 	primary address, the person shall register with the law
46.3 	enforcement authority that has jurisdiction in the area where
46.4 	the person is staying within 24 hours after entering the
46.5 	jurisdiction.
46.6 	(c) Upon registering under this subdivision, the person
46.7 	shall provide the law enforcement authority with all of the
46.8 	information the individual is required to provide under
46.9 	subdivision 4a.  However, instead of reporting the person's
46.10 	primary address, the person shall describe the location of where
46.11 	the person is staying with as much specificity as possible.
46.12 	(d) Except as otherwise provided in paragraph (e), if a
46.13 	person continues to lack a primary address, the person shall
46.14 	report in person on a weekly basis to the law enforcement
46.15 	authority with jurisdiction in the area where the person is
46.16 	staying.  This weekly report shall occur between the hours of
46.17 	9:00 a.m. and 5:00 p.m.  The person is not required to provide
46.18 	the registration information required under subdivision 4a each
46.19 	time the offender reports to an authority, but the person shall
46.20 	inform the authority of changes to any information provided
46.21 	under this subdivision or subdivision 4a and shall otherwise
46.22 	comply with this subdivision.
46.23 	(e) If the law enforcement authority determines that it is
46.24 	impractical, due to the person's unique circumstances, to
46.25 	require a person lacking a primary address to report weekly and
46.26 	in person as required under paragraph (d), the authority may
46.27 	authorize the person to follow an alternative reporting
46.28 	procedure.  The authority shall consult with the person's
46.29 	corrections agent, if the person has one, in establishing the
46.30 	specific criteria of this alternative procedure, subject to the
46.31 	following requirements:
46.32 	(1) the authority shall document, in the person's
46.33 	registration record, the specific reasons why the weekly
46.34 	in-person reporting process is impractical for the person to
46.35 	follow;
46.36 	(2) the authority shall explain how the alternative
47.1 	reporting procedure furthers the public safety objectives of
47.2 	this section;
47.3 	(3) the authority shall require the person lacking a
47.4 	primary address to report in person at least monthly to the
47.5 	authority or the person's corrections agent and shall specify
47.6 	the location where the person shall report.  If the authority
47.7 	determines it would be more practical and would further public
47.8 	safety for the person to report to another law enforcement
47.9 	authority with jurisdiction where the person is staying, it may,
47.10 	after consulting with the other law enforcement authority,
47.11 	include this requirement in the person's alternative reporting
47.12 	process;
47.13 	(4) the authority shall require the person to comply with
47.14 	the weekly, in-person reporting process required under paragraph
47.15 	(d), if the person moves to a new area where this process would
47.16 	be practical;
47.17 	(5) the authority shall require the person to report any
47.18 	changes to the registration information provided under
47.19 	subdivision 4a and to comply with the periodic registration
47.20 	requirements specified under paragraph (f); and 
47.21 	(6) the authority shall require the person to comply with
47.22 	the requirements of subdivision 3, paragraphs (b) and (c), if
47.23 	the person moves to a primary address.
47.24 	(f) If a person continues to lack a primary address and
47.25 	continues to report to the same law enforcement authority, the
47.26 	person shall provide the authority with all of the information
47.27 	the individual is required to provide under this subdivision and
47.28 	subdivision 4a at least annually, unless the person is required
47.29 	to register under subdivision 1b, paragraph (c), following
47.30 	commitment pursuant to a court commitment under section 253B.185
47.31 	or a similar law of another state or the United States.  If the
47.32 	person is required to register under subdivision 1b, paragraph
47.33 	(c), the person shall provide the law enforcement authority with
47.34 	all of the information the individual is required to report
47.35 	under this subdivision and subdivision 4a at least once every
47.36 	three months.
48.1 	(g) A law enforcement authority receiving information under
48.2 	this subdivision shall forward registration information and
48.3 	changes to that information to the bureau within two business
48.4 	days of receipt of the information.
48.5 	(h) For purposes of this subdivision, a person who fails to
48.6 	report a primary address will be deemed to be a person who lacks
48.7 	a primary address, and the person shall comply with the
48.8 	requirements for a person who lacks a primary address.
48.9 		Subd. 4.Contents of registration. (a) The registration
48.10 	provided to the corrections agent or law enforcement authority,
48.11 	must consist of a statement in writing signed by the person,
48.12 	giving information required by the bureau of Criminal
48.13 	Apprehension, a fingerprint card, and photograph of the person
48.14 	taken at the time of the person's release from incarceration or,
48.15 	if the person was not incarcerated, at the time the person
48.16 	initially registered under this section.  The registration
48.17 	information also must include a written consent form signed by
48.18 	the person allowing a treatment facility or residential housing
48.19 	unit or shelter to release information to a law enforcement
48.20 	officer about the person's admission to, or residence in, a
48.21 	treatment facility or residential housing unit or shelter.
48.22 	Registration information on adults and juveniles may be
48.23 	maintained together notwithstanding section 260B.171,
48.24 	subdivision 3.
48.25 	(b) For persons required to register under subdivision 1 
48.26 	1b, paragraph (c), following commitment pursuant to a court
48.27 	commitment under section 253B.185 or a similar law of another
48.28 	state or the United States, in addition to other information
48.29 	required by this section, the registration provided to the
48.30 	corrections agent or law enforcement authority must include the
48.31 	person's offense history and documentation of treatment received
48.32 	during the person's commitment.  This documentation shall be is 
48.33 	limited to a statement of how far the person progressed in
48.34 	treatment during commitment.
48.35 	(c) Within three days of receipt, the corrections agent or
48.36 	law enforcement authority shall forward the registration
49.1 	information to the bureau of Criminal Apprehension.  The bureau
49.2 	shall ascertain whether the person has registered with the law
49.3 	enforcement authority where the person resides in the area of
49.4 	the person's primary address, if any, or if the person lacks a
49.5 	primary address, where the person is staying, as required by
49.6 	subdivision 3a.  If the person has not registered with the law
49.7 	enforcement authority, the bureau shall send one copy to that
49.8 	authority.
49.9 	(d) The corrections agent or law enforcement authority may
49.10 	require that a person required to register under this section
49.11 	appear before the agent or authority to be photographed.  The
49.12 	agent or authority shall forward the photograph to the bureau of
49.13 	Criminal Apprehension.
49.14 	The agent or authority shall require a person required to
49.15 	register under this section who is classified as a level III
49.16 	offender under section 244.052 to appear before the agent or
49.17 	authority at least every six months to be photographed.
49.18 	(e) During the period a person is required to register
49.19 	under this section, the following shall provisions apply:
49.20 	(1) Except for persons registering under subdivision 3a,
49.21 	the bureau of Criminal Apprehension shall mail a verification
49.22 	form to the last reported address of the person's residence last
49.23 	reported primary address.  This verification form shall must 
49.24 	provide notice to the offender that, if the offender does not
49.25 	return the verification form as required, information about the
49.26 	offender may be made available to the public through electronic,
49.27 	computerized, or other accessible means. For persons who are
49.28 	registered under subdivision 3a, the bureau shall mail an annual
49.29 	verification form to the law enforcement authority where the
49.30 	offender most recently reported.  The authority shall provide
49.31 	the verification form to the person at the next weekly meeting
49.32 	and ensure that the person completes and signs the form and
49.33 	returns it to the bureau.
49.34 	(2) The person shall mail the signed verification form back
49.35 	to the bureau of Criminal Apprehension within ten days after
49.36 	receipt of the form, stating on the form the current and last
50.1 	address of the person's residence and the other information
50.2 	required under subdivision 4a.
50.3 	(3) In addition to the requirements listed in this section,
50.4 	a person who is assigned to risk level II or III under section
50.5 	244.052, and who is no longer under correctional supervision for
50.6 	a registration offense, or a failure to register offense, but
50.7 	who resides, works, or attends school in Minnesota, shall have
50.8 	an annual in-person contact with a law enforcement authority as
50.9 	provided in this section.  If the person resides in Minnesota,
50.10 	the annual in-person contact shall be with the law enforcement
50.11 	authority that has jurisdiction over the person's primary
50.12 	address or, if the person has no address, the location where the
50.13 	person is staying.  If the person does not reside in Minnesota
50.14 	but works or attends school in this state, the person shall have
50.15 	an annual in-person contact with the law enforcement authority
50.16 	or authorities with jurisdiction over the person's school or
50.17 	workplace.  During the month of the person's birth date, the
50.18 	person shall report to the authority to verify the accuracy of
50.19 	the registration information and to be photographed.  Within
50.20 	three days of this contact, the authority shall enter
50.21 	information as required by the bureau into the predatory
50.22 	offender registration database and submit an updated photograph
50.23 	of the person to the bureau's predatory offender registration
50.24 	unit.
50.25 	(4) If the person fails to mail the completed and signed
50.26 	verification form to the bureau of Criminal Apprehension within
50.27 	ten days after receipt of the form, or if the person fails to
50.28 	report to the law enforcement authority during the month of the
50.29 	person's birth date,the person shall be is in violation of this
50.30 	section.
50.31 	(5) For any person who fails to mail the completed and
50.32 	signed verification form to the bureau within ten days after
50.33 	receipt of the form and who has been determined to be a risk
50.34 	level III offender under section 244.052, the bureau shall
50.35 	immediately investigate and notify local law enforcement
50.36 	authorities to investigate the person's location and to ensure
51.1 	compliance with this section.  The bureau also shall immediately
51.2 	give notice of the person's violation of this section to the law
51.3 	enforcement authority having jurisdiction over the person's last
51.4 	registered address or addresses.
51.5 	For persons required to register under subdivision 1 1b,
51.6 	paragraph (c), following commitment pursuant to a court
51.7 	commitment under section 253B.185 or a similar law of another
51.8 	state or the United States, the bureau shall comply with clause
51.9 	(1) at least four times each year. For persons who, under
51.10 	section 244.052, are assigned to risk level III and who are no
51.11 	longer under correctional supervision for a registration offense
51.12 	or a failure to register offense, the bureau shall comply with
51.13 	clause (1) at least two times each year.For all other persons
51.14 	required to register under this section, the bureau shall comply
51.15 	with clause (1) each year within 30 days of the anniversary date
51.16 	of the person's initial registration.
51.17 	(f) When sending out a verification form, the bureau of
51.18 	Criminal Apprehension must shall determine whether the person to
51.19 	whom the verification form is being sent has signed a written
51.20 	consent form as provided for in paragraph (a).  If the person
51.21 	has not signed such a consent form, the bureau of Criminal
51.22 	Apprehension must shall send a written consent form to the
51.23 	person along with the verification form.  A person who receives
51.24 	this written consent form must shall sign and return it to the
51.25 	bureau of Criminal Apprehension at the same time as the
51.26 	verification form.
51.27 	(g) For the purposes of this subdivision, "treatment
51.28 	facility" means a residential facility, as defined in section
51.29 	244.052, subdivision 1, and residential chemical dependency
51.30 	treatment programs and halfway houses licensed under chapter
51.31 	245A, including, but not limited to, those facilities directly
51.32 	or indirectly assisted by any department or agency of the United
51.33 	States.
51.34 		Subd. 4a.Information required to be provided. (a) As
51.35 	used in this section:
51.36 	(1) "motor vehicle" has the meaning given "vehicle" in
52.1 	section 169.01, subdivision 2;
52.2 	(2) "primary residence" means any place where the person
52.3 	resides longer than 14 days or that is deemed a primary
52.4 	residence by a person's corrections agent, if one is assigned to
52.5 	the person; and 
52.6 	(3) "secondary residence" means any place where the person
52.7 	regularly stays overnight when not staying at the person's
52.8 	primary residence, and includes, but is not limited to:
52.9 	(i) the person's parent's home if the person is a student
52.10 	and stays at the home at times when the person is not staying at
52.11 	school, including during the summer; and 
52.12 	(ii) the home of someone with whom the person has a minor
52.13 	child in common where the child's custody is shared.
52.14 	(b) A person required to register under this section shall
52.15 	provide to the corrections agent or law enforcement authority
52.16 	the following information:
52.17 	(1) the address of the person's primary residence address;
52.18 	(2) the addresses of all of the person's secondary
52.19 	residences addresses in Minnesota, including all addresses used
52.20 	for residential or recreational purposes;
52.21 	(3) the addresses of all Minnesota property owned, leased,
52.22 	or rented by the person;
52.23 	(4) the addresses of all locations where the person is
52.24 	employed;
52.25 	(5) the addresses of all residences schools where the
52.26 	person resides while attending school is enrolled; and
52.27 	(6) the year, model, make, license plate number, and color
52.28 	of all motor vehicles owned or regularly driven by the person.
52.29 	(c) (b) The person shall report to the agent or authority
52.30 	the information required to be provided under paragraph (b) (a),
52.31 	clauses (2) to (6), within five days of the date the clause
52.32 	becomes applicable.  If because of a change in circumstances any
52.33 	information reported under paragraph (b) (a), clauses (1) to
52.34 	(6), no longer applies, the person shall immediately inform the
52.35 	agent or authority that the information is no longer valid. If
52.36 	the person leaves a primary address and does not have a new
53.1 	primary address, the person shall register as provided in
53.2 	subdivision 3a.
53.3 		Subd. 4b.Health care facility; notice of status. (a) As
53.4 	used in paragraphs (b) and (c), "health care facility" means a
53.5 	hospital or other entity licensed under sections 144.50 to
53.6 	144.58, a nursing home licensed to serve adults under section
53.7 	144A.02, or a group residential housing facility or an
53.8 	intermediate care facility for the mentally retarded licensed
53.9 	under chapter 245A.  As used in paragraph (d), "health care
53.10 	facility" means a nursing home licensed to serve adults under
53.11 	section 144A.02, or a group residential housing facility or an
53.12 	intermediate care facility for the mentally retarded licensed
53.13 	under chapter 245A.
53.14 	(b) Upon admittance to a health care facility, a person
53.15 	required to register under this section shall disclose to:
53.16 	(1) the health care facility employee processing the
53.17 	admission the person's status as a registered predatory offender
53.18 	under this section; and 
53.19 	(2) the person's corrections agent, or if the person does
53.20 	not have an assigned corrections agent, the law enforcement
53.21 	authority with whom the person is currently required to
53.22 	register, that inpatient admission has occurred.
53.23 	(c) A law enforcement authority or corrections agent who
53.24 	receives notice under paragraph (b) or who knows that a person
53.25 	required to register under this section has been admitted and is
53.26 	receiving health care at a health care facility shall notify the
53.27 	administrator of the facility.
53.28 	(d) A health care facility that receives notice under this
53.29 	subdivision that a predatory offender has been admitted to the
53.30 	facility shall notify other patients at the facility of this
53.31 	fact.  If the facility determines that notice to a patient is
53.32 	not appropriate given the patient's medical, emotional, or
53.33 	mental status, the facility shall notify the patient's next of
53.34 	kin or emergency contact.
53.35 		Subd. 5.Criminal penalty. (a) A person required to
53.36 	register under this section who knowingly violates any of its
54.1 	provisions or intentionally provides false information to a
54.2 	corrections agent, law enforcement authority, or the bureau of
54.3 	Criminal Apprehension is guilty of a felony and may be sentenced
54.4 	to imprisonment for not more than five years or to payment of a
54.5 	fine of not more than $10,000, or both.
54.6 	(b) Except as provided in paragraph (c), a person convicted
54.7 	of violating paragraph (a) shall be committed to the custody of
54.8 	the commissioner of corrections for not less than a year and a
54.9 	day, nor more than five years.
54.10 	(c) A person convicted of violating paragraph (a), who has
54.11 	previously been convicted of or adjudicated delinquent for
54.12 	violating this section or a similar statute of another state or
54.13 	the United States, shall be committed to the custody of the
54.14 	commissioner of corrections for not less than two years, nor
54.15 	more than five years.
54.16 	(d) Prior to the time of sentencing, the prosecutor may
54.17 	file a motion to have the person sentenced without regard to the
54.18 	mandatory minimum sentence established by this subdivision.  The
54.19 	motion shall must be accompanied by a statement on the record of
54.20 	the reasons for it.  When presented with the motion, or on its
54.21 	own motion, the court may sentence the person without regard to
54.22 	the mandatory minimum sentence if the court finds substantial
54.23 	and compelling reasons to do so.  Sentencing a person in the
54.24 	manner described in this paragraph is a departure from the
54.25 	Sentencing Guidelines.
54.26 	(e) A person convicted and sentenced as required by this
54.27 	subdivision is not eligible for probation, parole, discharge,
54.28 	work release, conditional release,or supervised release, until
54.29 	that person has served the full term of imprisonment as provided
54.30 	by law, notwithstanding the provisions of sections 241.26,
54.31 	242.19, 243.05, 244.04, 609.12, and 609.135.
54.32 		Subd. 5a.Ten-year conditional release for violations
54.33 	committed by level iii offenders. Notwithstanding the statutory
54.34 	maximum sentence otherwise applicable to the offense or any
54.35 	provision of the sentencing guidelines, when a court commits a
54.36 	person to the custody of the commissioner of corrections for
55.1 	violating subdivision 5 and, at the time of the violation, the
55.2 	person was assigned to risk level III under section 244.052, the
55.3 	court shall provide that after the person has completed the
55.4 	sentence imposed, the commissioner shall place the person on
55.5 	conditional release for ten years.  The terms of conditional
55.6 	release are governed by section 609.3455, subdivision 8.
55.7 		Subd. 6.Registration period. (a) Notwithstanding the
55.8 	provisions of section 609.165, subdivision 1, and except as
55.9 	provided in paragraphs (b), (c), and (d), a person required to
55.10 	register under this section shall continue to comply with this
55.11 	section until ten years have elapsed since the person initially
55.12 	registered in connection with the offense, or until the
55.13 	probation, supervised release, or conditional release period
55.14 	expires, whichever occurs later.  For a person required to
55.15 	register under this section who is committed under section
55.16 	253B.18 or 253B.185, the ten-year registration period does not
55.17 	include the period of commitment.
55.18 	(b) If a person required to register under this section
55.19 	fails to register following a change in residence provide the
55.20 	person's primary address as required by subdivision 3, paragraph
55.21 	(b), fails to comply with the requirements of subdivision 3a,
55.22 	fails to provide information as required by subdivision 4a, or
55.23 	fails to return the verification form referenced in subdivision
55.24 	4 within ten days, the commissioner of public safety may require
55.25 	the person to continue to register for an additional period of
55.26 	five years.  This five-year period is added to the end of the
55.27 	offender's registration period.
55.28 	(c) If a person required to register under this section is
55.29 	subsequently incarcerated following a conviction for a new
55.30 	offense or following a revocation of probation, supervised
55.31 	release, or conditional release for that any offense, or a
55.32 	conviction for any new offense, the person shall continue to
55.33 	register until ten years have elapsed since the person was last
55.34 	released from incarceration or until the person's probation,
55.35 	supervised release, or conditional release period expires,
55.36 	whichever occurs later.
56.1 	(d) A person shall continue to comply with this section for
56.2 	the life of that person:
56.3 	(1) if the person is convicted of or adjudicated delinquent
56.4 	for any offense for which registration is required under
56.5 	subdivision 1 1b, or any offense from another state or any
56.6 	federal offense similar to the offenses described in subdivision
56.7 	1 1b, and the person has a prior conviction or adjudication for
56.8 	an offense for which registration was or would have been
56.9 	required under subdivision 1 1b, or an offense from another
56.10 	state or a federal offense similar to an offense described in
56.11 	subdivision 1 1b;
56.12 	(2) if the person is required to register based upon a
56.13 	conviction or delinquency adjudication for an offense under
56.14 	section 609.185, clause (2), or a similar statute from another
56.15 	state or the United States;
56.16 	(3) if the person is required to register based upon a
56.17 	conviction for an offense under section 609.342, subdivision 1,
56.18 	paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
56.19 	1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
56.20 	subdivision 1, paragraph (a), (c), or (g); or 609.345,
56.21 	subdivision 1, paragraph (a), (c), or (g); or a statute from
56.22 	another state or the United States similar to the offenses
56.23 	described in this clause; or
56.24 	(4) if the person is required to register under subdivision
56.25 	1 1b, paragraph (c), following commitment pursuant to a court
56.26 	commitment under section 253B.185 or a similar law of another
56.27 	state or the United States.
56.28 		Subd. 7.Use of information. Except as otherwise
56.29 	provided in subdivision 7a or sections 244.052 and 299C.093, the
56.30 	information provided under this section is private data on
56.31 	individuals under section 13.02, subdivision 12.  The
56.32 	information may be used only for law enforcement purposes.
56.33 		Subd. 7a.Availability of information on offenders who
56.34 	are out of compliance with registration law. (a) The bureau of
56.35 	Criminal Apprehension may make information available to the
56.36 	public about offenders who are 16 years of age or older and who
57.1 	are out of compliance with this section for 30 days or longer
57.2 	for failure to provide the address of the offenders' primary or
57.3 	secondary residences addresses.  This information may be made
57.4 	available to the public through electronic, computerized, or
57.5 	other accessible means.  The amount and type of information made
57.6 	available shall be is limited to the information necessary for
57.7 	the public to assist law enforcement in locating the offender.
57.8 	(b) An offender who comes into compliance with this section
57.9 	after the bureau of Criminal Apprehension discloses information
57.10 	about the offender to the public may send a written request to
57.11 	the bureau requesting the bureau to treat information about the
57.12 	offender as private data, consistent with subdivision 7.  The
57.13 	bureau shall review the request and promptly take reasonable
57.14 	action to treat the data as private, if the offender has
57.15 	complied with the requirement that the offender provide the
57.16 	addresses of the offender's primary and secondary residences 
57.17 	addresses, or promptly notify the offender that the information
57.18 	will continue to be treated as public information and the
57.19 	reasons for the bureau's decision.
57.20 	(c) If an offender believes the information made public
57.21 	about the offender is inaccurate or incomplete, the offender may
57.22 	challenge the data under section 13.04, subdivision 4.
57.23 	(d) The bureau of Criminal Apprehension is immune from any
57.24 	civil or criminal liability that might otherwise arise, based on
57.25 	the accuracy or completeness of any information made public
57.26 	under this subdivision, if the bureau acts in good faith.
57.27 		Subd. 8.Law enforcement authority. For purposes of this
57.28 	section, a law enforcement authority means, with respect to a
57.29 	home rule charter or statutory city, the chief of police, and
57.30 	with respect to an unincorporated area, the sheriff of the
57.31 	county.
57.32 		Subd. 9.Offenders from other states. (a) When the state
57.33 	accepts an offender from another state under a reciprocal
57.34 	agreement under the interstate compact authorized by section
57.35 	243.16, the interstate compact authorized by section 243.1605,
57.36 	or under any authorized interstate agreement, the acceptance is
58.1 	conditional on the offender agreeing to register under this
58.2 	section when the offender is living in Minnesota.
58.3 	(b) The Bureau of Criminal Apprehension shall notify the
58.4 	commissioner of corrections:
58.5 	(1) when the bureau receives notice from a local law
58.6 	enforcement authority that a person from another state who is
58.7 	subject to this section has registered with the authority,
58.8 	unless the bureau previously received information about the
58.9 	offender from the commissioner of corrections;
58.10 	(2) when a registration authority, corrections agent, or
58.11 	law enforcement agency in another state notifies the bureau that
58.12 	a person from another state who is subject to this section is
58.13 	moving to Minnesota; and 
58.14 	(3) when the bureau learns that a person from another state
58.15 	is in Minnesota and allegedly in violation of subdivision 5 for
58.16 	failure to register.
58.17 	(c) When a local law enforcement agency notifies the bureau
58.18 	of an out-of-state offender's registration, the agency shall
58.19 	provide the bureau with information on whether the person is
58.20 	subject to community notification in another state and the risk
58.21 	level the person was assigned, if any.
58.22 	(d) The bureau must forward all information it receives
58.23 	regarding offenders covered under this subdivision from sources
58.24 	other than the commissioner of corrections to the commissioner.
58.25 	(e) When the bureau receives information directly from a
58.26 	registration authority, corrections agent, or law enforcement
58.27 	agency in another state that a person who may be subject to this
58.28 	section is moving to Minnesota, the bureau must ask whether the
58.29 	person entering the state is subject to community notification
58.30 	in another state and the risk level the person has been
58.31 	assigned, if any.
58.32 	(f) When the bureau learns that a person subject to this
58.33 	section intends to move into Minnesota from another state or has
58.34 	moved into Minnesota from another state, the bureau shall notify
58.35 	the law enforcement authority with jurisdiction in the area of
58.36 	the person's primary address and provide all information
59.1 	concerning the person that is available to the bureau.
59.2 	(g) The commissioner of corrections must determine the
59.3 	parole, supervised release, or conditional release status of
59.4 	persons who are referred to the commissioner under this
59.5 	subdivision.  If the commissioner determines that a person is
59.6 	subject to parole, supervised release, or conditional release in
59.7 	another state and is not registered in Minnesota under the
59.8 	applicable interstate compact, the commissioner shall inform the
59.9 	local law enforcement agency that the person is in violation of
59.10 	section 243.161.  If the person is not subject to supervised
59.11 	release, the commissioner shall notify the bureau and the local
59.12 	law enforcement agency of the person's status.
59.13 		Subd. 10.Venue; aggregation. (a) A violation of this
59.14 	section may be prosecuted in any jurisdiction where an offense
59.15 	takes place.  However, the prosecutorial agency in the
59.16 	jurisdiction where the person last registered a primary address
59.17 	is initially responsible to review the case for prosecution.
59.18 	(b) When a person commits two or more offenses in two or
59.19 	more counties, the accused may be prosecuted for all of the
59.20 	offenses in any county in which one of the offenses was
59.21 	committed.
59.22 		Subd. 11.Certified copies as evidence. Certified copies
59.23 	of predatory offender registration records are admissible as
59.24 	substantive evidence when necessary to prove the commission of a
59.25 	violation of this section.
59.26 	
EFFECTIVE DATE. Except as otherwise provided, the
59.27 	provisions of this section are effective the day following final
59.28 	enactment and apply to persons subject to predatory offender
59.29 	registration on or after that date.  Subdivision 4, paragraph
59.30 	(e), clause (3), is effective December 1, 2005.  Subdivision 4b
59.31 	is effective August 1, 2005, and applies to persons subject to
59.32 	predatory offender registration on or after that date.
59.33 	Subdivision 5a is effective August 1, 2005, and applies to
59.34 	crimes committed on or after that date.  Subdivision 6,
59.35 	paragraph (c), is effective August 1, 2005, and applies to any
59.36 	offense, revocation of probation, supervised release, or
60.1 	conditional release that occurs on or after that date.
60.2 	Subdivision 9 is effective July 1, 2005.

60.3 	Sec. 9. Minnesota Statutes 2004, section 243.167, is
60.4 	amended to read:
60.5 	243.167 REGISTRATION UNDER THE PREDATORY OFFENDER
60.6 	REGISTRATION LAW FOR OTHER OFFENSES.
60.7 		Subdivision 1.Definition. As used in this section,
60.8 	"crime against the person" means a violation of any of the
60.9 	following or a similar law of another state or of the United
60.10 	States:  section 609.165; 609.185; 609.19; 609.195; 609.20;
60.11 	609.205; 609.221; 609.222; 609.223; 609.2231;609.224,
60.12 	subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
60.13 	609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
60.14 	2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
60.15 	subdivision 2; or any felony-level violation of section 609.229;
60.16 	609.377; 609.749; or 624.713.
60.17 		Subd. 2.When required. (a) In addition to the
60.18 	requirements of section 243.166, a person also shall register
60.19 	under section 243.166 if:
60.20 	(1) the person is convicted of a crime against the person;
60.21 	and
60.22 	(2) the person was previously convicted of or adjudicated
60.23 	delinquent for an offense listed in section 243.166, subdivision
60.24 	1, paragraph (a),but was not required to register for the
60.25 	offense because the registration requirements of that section
60.26 	did not apply to the person at the time the offense was
60.27 	committed or at the time the person was released from
60.28 	imprisonment.
60.29 	(b) A person who was previously required to register under
60.30 	section 243.166in any state and who has completed the
60.31 	registration requirements of that section state shall again
60.32 	register under section 243.166 if the person commits a crime
60.33 	against the person.
60.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
60.35 	and applies to crimes committed on or after that date.

60.36 	Sec. 10. Minnesota Statutes 2004, section 244.05,
61.1 	subdivision 6, is amended to read:
61.2 		Subd. 6.Intensive supervised release.  The commissioner
61.3 	may order that an inmate be placed on intensive supervised
61.4 	release for all or part of the inmate's supervised release or
61.5 	parole term if the commissioner determines that the action will
61.6 	further the goals described in section 244.14, subdivision 1,
61.7 	clauses (2), (3), and (4).  In addition, the commissioner may
61.8 	order that an inmate be placed on intensive supervised release
61.9 	for all of the inmate's conditional or supervised release term
61.10 	if the inmate was convicted of a sex offense under sections 
61.11 	section 609.342 to , 609.343, 609.344,609.345, or 609.3453or
61.12 	was sentenced under the provisions of section 609.108. The
61.13 	commissioner shall order that all level III predatory offenders
61.14 	be placed on intensive supervised release for the entire
61.15 	supervised release, conditional release, or parole term.The
61.16 	commissioner may impose appropriate conditions of release on the
61.17 	inmate including but not limited to unannounced searches of the
61.18 	inmate's person, vehicle, or premises by an intensive
61.19 	supervision agent; compliance with court-ordered restitution, if
61.20 	any; random drug testing; house arrest; daily curfews; frequent
61.21 	face-to-face contacts with an assigned intensive supervision
61.22 	agent; work, education, or treatment requirements; and
61.23 	electronic surveillance.  In addition, any sex offender placed
61.24 	on intensive supervised release may be ordered to participate in
61.25 	an appropriate sex offender program as a condition of release.
61.26 	If the inmate violates the conditions of the intensive
61.27 	supervised release, the commissioner shall impose sanctions as
61.28 	provided in subdivision 3 and section 609.108 609.3455.
61.29 	
EFFECTIVE DATE. This section is effective August 1, 2005,
61.30 	and applies to crimes committed on or after that date.

61.31 	Sec. 11. Minnesota Statutes 2004, section 244.05,
61.32 	subdivision 7, is amended to read:
61.33 		Subd. 7.Sex offenders; civil commitment determination.
 61.34 	(a) Before the commissioner releases from prison any inmate
61.35 	convicted under sections section 609.342 to , 609.343, 609.344,
61.36 	609.345, or 609.3453,or sentenced as a patterned offender under
62.1 	section 609.108, and determined by the commissioner to be in a
62.2 	high risk category, the commissioner shall make a preliminary
62.3 	determination whether, in the commissioner's opinion, a petition
62.4 	under section 253B.185 may be appropriate. The commissioner's
62.5 	opinion must be based on a recommendation of a Department of
62.6 	Corrections screening committee and a legal review and
62.7 	recommendation from independent counsel knowledgeable in the
62.8 	legal requirements of the civil commitment process.  The
62.9 	commissioner may retain a retired judge or other attorney to
62.10 	serve as independent counsel.
62.11 	(b) In making this decision, the commissioner shall have
62.12 	access to the following data only for the purposes of the
62.13 	assessment and referral decision:
62.14 	(1) private medical data under section 13.384 or 144.335,
62.15 	or welfare data under section 13.46 that relate to medical
62.16 	treatment of the offender;
62.17 	(2) private and confidential court services data under
62.18 	section 13.84;
62.19 	(3) private and confidential corrections data under section
62.20 	13.85; and
62.21 	(4) private criminal history data under section 13.87.
62.22 	(c) If the commissioner determines that a petition may be
62.23 	appropriate, the commissioner shall forward this determination,
62.24 	along with a summary of the reasons for the determination, to
62.25 	the county attorney in the county where the inmate was convicted
62.26 	no later than 12 months before the inmate's release date.  If
62.27 	the inmate is received for incarceration with fewer than 12
62.28 	months remaining in the inmate's term of imprisonment, or if the
62.29 	commissioner receives additional information less than 12 months
62.30 	before release which that makes the inmate's case appropriate
62.31 	for referral, the commissioner shall forward the determination
62.32 	as soon as is practicable.  Upon receiving the commissioner's
62.33 	preliminary determination, the county attorney shall proceed in
62.34 	the manner provided in section 253B.185.  The commissioner shall
62.35 	release to the county attorney all requested documentation
62.36 	maintained by the department.
63.1 	
EFFECTIVE DATE. This section is effective August 1, 2005.

63.2 	Sec. 12. Minnesota Statutes 2004, section 244.052,
63.3 	subdivision 3, is amended to read:
63.4 		Subd. 3.End-of-confinement review committee.  (a) The
63.5 	commissioner of corrections shall establish and administer
63.6 	end-of-confinement review committees at each state correctional
63.7 	facility and at each state treatment facility where predatory
63.8 	offenders are confined.  The committees shall assess on a
63.9 	case-by-case basis the public risk posed by predatory offenders
63.10 	who are about to be released from confinement.
63.11 	(b) Each committee shall be a standing committee and shall
63.12 	consist of the following members appointed by the commissioner:
63.13 	(1) the chief executive officer or head of the correctional
63.14 	or treatment facility where the offender is currently confined,
63.15 	or that person's designee;
63.16 	(2) a law enforcement officer;
63.17 	(3) a treatment professional who is trained in the
63.18 	assessment of sex offenders;
63.19 	(4) a caseworker experienced in supervising sex offenders;
63.20 	and
63.21 	(5) a victim's services professional.
63.22 	Members of the committee, other than the facility's chief
63.23 	executive officer or head, shall be appointed by the
63.24 	commissioner to two-year terms.  The chief executive officer or
63.25 	head of the facility or designee shall act as chair of the
63.26 	committee and shall use the facility's staff, as needed, to
63.27 	administer the committee, obtain necessary information from
63.28 	outside sources, and prepare risk assessment reports on
63.29 	offenders.
63.30 	(c) The committee shall have access to the following data
63.31 	on a predatory offender only for the purposes of its assessment
63.32 	and to defend the committee's risk assessment determination upon
63.33 	administrative review under this section:
63.34 	(1) private medical data under section 13.384 or 144.335,
63.35 	or welfare data under section 13.46 that relate to medical
63.36 	treatment of the offender;
64.1 	(2) private and confidential court services data under
64.2 	section 13.84;
64.3 	(3) private and confidential corrections data under section
64.4 	13.85; and
64.5 	(4) private criminal history data under section 13.87.
64.6 	Data collected and maintained by the committee under this
64.7 	paragraph may not be disclosed outside the committee, except as
64.8 	provided under section 13.05, subdivision 3 or 4.  The predatory
64.9 	offender has access to data on the offender collected and
64.10 	maintained by the committee, unless the data are confidential
64.11 	data received under this paragraph.
64.12 	(d)(i) Except as otherwise provided in item items (ii),
64.13 	(iii), and (iv), at least 90 days before a predatory offender is
64.14 	to be released from confinement, the commissioner of corrections
64.15 	shall convene the appropriate end-of-confinement review
64.16 	committee for the purpose of assessing the risk presented by the
64.17 	offender and determining the risk level to which the offender
64.18 	shall be assigned under paragraph (e).  The offender and the law
64.19 	enforcement agency that was responsible for the charge resulting
64.20 	in confinement shall be notified of the time and place of the
64.21 	committee's meeting.  The offender has a right to be present and
64.22 	be heard at the meeting.  The law enforcement agency may provide
64.23 	material in writing that is relevant to the offender's risk
64.24 	level to the chair of the committee.  The committee shall use
64.25 	the risk factors described in paragraph (g) and the risk
64.26 	assessment scale developed under subdivision 2 to determine the
64.27 	offender's risk assessment score and risk level.  Offenders
64.28 	scheduled for release from confinement shall be assessed by the
64.29 	committee established at the facility from which the offender is
64.30 	to be released.
64.31 	(ii) If an offender is received for confinement in a
64.32 	facility with less than 90 days remaining in the offender's term
64.33 	of confinement, the offender's risk shall be assessed at the
64.34 	first regularly scheduled end of confinement review committee
64.35 	that convenes after the appropriate documentation for the risk
64.36 	assessment is assembled by the committee.  The commissioner
65.1 	shall make reasonable efforts to ensure that offender's risk is
65.2 	assessed and a risk level is assigned or reassigned at least 30
65.3 	days before the offender's release date.
65.4 	(iii) If the offender is subject to a mandatory life
65.5 	sentence under section 609.3455, subdivision 3 or 4, the
65.6 	commissioner of corrections shall convene the appropriate
65.7 	end-of-confinement review committee at least nine months before
65.8 	the offender's minimum term of imprisonment has been served.  If
65.9 	the offender is received for confinement in a facility with less
65.10 	than nine months remaining before the offender's minimum term of
65.11 	imprisonment has been served, the committee shall conform its
65.12 	procedures to those outlined in item (ii) to the extent
65.13 	practicable.
65.14 	(iv) If the offender is granted supervised release, the
65.15 	commissioner of corrections shall notify the appropriate
65.16 	end-of-confinement review committee that it needs to review the
65.17 	offender's previously determined risk level at its next
65.18 	regularly scheduled meeting.  The commissioner shall make
65.19 	reasonable efforts to ensure that the offender's earlier risk
65.20 	level determination is reviewed and the risk level is confirmed
65.21 	or reassigned at least 60 days before the offender's release
65.22 	date.  The committee shall give the report to the offender and
65.23 	to the law enforcement agency at least 60 days before an
65.24 	offender is released from confinement.
65.25 	(e) The committee shall assign to risk level I a predatory
65.26 	offender whose risk assessment score indicates a low risk of
65.27 	reoffense.  The committee shall assign to risk level II an
65.28 	offender whose risk assessment score indicates a moderate risk
65.29 	of reoffense.  The committee shall assign to risk level III an
65.30 	offender whose risk assessment score indicates a high risk of
65.31 	reoffense.
65.32 	(f) Before the predatory offender is released from
65.33 	confinement, the committee shall prepare a risk assessment
65.34 	report which specifies the risk level to which the offender has
65.35 	been assigned and the reasons underlying the committee's risk
65.36 	assessment decision. Except for an offender subject to a
66.1 	mandatory life sentence under section 609.3455, subdivision 3 or
66.2 	4, who has not been granted supervised release,the committee
66.3 	shall give the report to the offender and to the law enforcement
66.4 	agency at least 60 days before an offender is released from
66.5 	confinement. If the offender is subject to a mandatory life
66.6 	sentence and has not yet served the entire minimum term of
66.7 	imprisonment, the committee shall give the report to the
66.8 	offender and to the commissioner at least six months before the
66.9 	offender is first eligible for release.If the risk assessment
66.10 	is performed under the circumstances described in paragraph (d),
66.11 	item (ii), the report shall be given to the offender and the law
66.12 	enforcement agency as soon as it is available.  The committee
66.13 	also shall inform the offender of the availability of review
66.14 	under subdivision 6.
66.15 	(g) As used in this subdivision, "risk factors" includes,
66.16 	but is not limited to, the following factors:
66.17 	(1) the seriousness of the offense should the offender
66.18 	reoffend.  This factor includes consideration of the following:
66.19 	(i) the degree of likely force or harm;
66.20 	(ii) the degree of likely physical contact; and
66.21 	(iii) the age of the likely victim;
66.22 	(2) the offender's prior offense history.  This factor
66.23 	includes consideration of the following:
66.24 	(i) the relationship of prior victims to the offender;
66.25 	(ii) the number of prior offenses or victims;
66.26 	(iii) the duration of the offender's prior offense history;
66.27 	(iv) the length of time since the offender's last prior
66.28 	offense while the offender was at risk to commit offenses; and
66.29 	(v) the offender's prior history of other antisocial acts;
66.30 	(3) the offender's characteristics.  This factor includes
66.31 	consideration of the following:
66.32 	(i) the offender's response to prior treatment efforts; and
66.33 	(ii) the offender's history of substance abuse;
66.34 	(4) the availability of community supports to the offender.
66.35 	This factor includes consideration of the following:
66.36 	(i) the availability and likelihood that the offender will
67.1 	be involved in therapeutic treatment;
67.2 	(ii) the availability of residential supports to the
67.3 	offender, such as a stable and supervised living arrangement in
67.4 	an appropriate location;
67.5 	(iii) the offender's familial and social relationships,
67.6 	including the nature and length of these relationships and the
67.7 	level of support that the offender may receive from these
67.8 	persons; and
67.9 	(iv) the offender's lack of education or employment
67.10 	stability;
67.11 	(5) whether the offender has indicated or credible evidence
67.12 	in the record indicates that the offender will reoffend if
67.13 	released into the community; and
67.14 	(6) whether the offender demonstrates a physical condition
67.15 	that minimizes the risk of reoffense, including but not limited
67.16 	to, advanced age or a debilitating illness or physical condition.
67.17 	(h) Upon the request of the law enforcement agency or the
67.18 	offender's corrections agent, the commissioner may reconvene the
67.19 	end-of-confinement review committee for the purpose of
67.20 	reassessing the risk level to which an offender has been
67.21 	assigned under paragraph (e).  In a request for a reassessment,
67.22 	the law enforcement agency which was responsible for the charge
67.23 	resulting in confinement or agent shall list the facts and
67.24 	circumstances arising after the initial assignment or facts and
67.25 	circumstances known to law enforcement or the agent but not
67.26 	considered by the committee under paragraph (e) which support
67.27 	the request for a reassessment.  The request for reassessment by
67.28 	the law enforcement agency must occur within 30 days of receipt
67.29 	of the report indicating the offender's risk level assignment.
67.30 	The offender's corrections agent, in consultation with the chief
67.31 	law enforcement officer in the area where the offender resides
67.32 	or intends to reside, may request a review of a risk level at
67.33 	any time if substantial evidence exists that the offender's risk
67.34 	level should be reviewed by an end-of-confinement review
67.35 	committee.  This evidence includes, but is not limited to,
67.36 	evidence of treatment failures or completions, evidence of
68.1 	exceptional crime-free community adjustment or lack of
68.2 	appropriate adjustment, evidence of substantial community need
68.3 	to know more about the offender or mitigating circumstances that
68.4 	would narrow the proposed scope of notification, or other
68.5 	practical situations articulated and based in evidence of the
68.6 	offender's behavior while under supervision.  Upon review of the
68.7 	request, the end-of-confinement review committee may reassign an
68.8 	offender to a different risk level.  If the offender is
68.9 	reassigned to a higher risk level, the offender has the right to
68.10 	seek review of the committee's determination under subdivision 6.
68.11 	(i) An offender may request the end-of-confinement review
68.12 	committee to reassess the offender's assigned risk level after
68.13 	three years have elapsed since the committee's initial risk
68.14 	assessment and may renew the request once every two years
68.15 	following subsequent denials.  In a request for reassessment,
68.16 	the offender shall list the facts and circumstances which
68.17 	demonstrate that the offender no longer poses the same degree of
68.18 	risk to the community.  In order for a request for a risk level
68.19 	reduction to be granted, the offender must demonstrate full
68.20 	compliance with supervised release conditions, completion of
68.21 	required post-release treatment programming, and full compliance
68.22 	with all registration requirements as detailed in section
68.23 	243.166.  The offender must also not have been convicted of any
68.24 	felony, gross misdemeanor, or misdemeanor offenses subsequent to
68.25 	the assignment of the original risk level.  The committee shall
68.26 	follow the process outlined in paragraphs (a) to (c) in the
68.27 	reassessment.  An offender who is incarcerated may not request a
68.28 	reassessment under this paragraph.
68.29 	(j) Offenders returned to prison as release violators shall
68.30 	not have a right to a subsequent risk reassessment by the
68.31 	end-of-confinement review committee unless substantial evidence
68.32 	indicates that the offender's risk to the public has increased.
68.33 	(k) The commissioner shall establish an end-of-confinement
68.34 	review committee to assign a risk level to offenders who are
68.35 	released from a federal correctional facility in Minnesota or
68.36 	another state and who intend to reside in Minnesota, and to
69.1 	offenders accepted from another state under a reciprocal
69.2 	agreement for parole supervision under the interstate compact
69.3 	authorized by section 243.16.  The committee shall make
69.4 	reasonable efforts to conform to the same timelines as applied
69.5 	to Minnesota cases.  Offenders accepted from another state under
69.6 	a reciprocal agreement for probation supervision are not
69.7 	assigned a risk level, but are considered downward dispositional
69.8 	departures.  The probation or court services officer and law
69.9 	enforcement officer shall manage such cases in accordance with
69.10 	section 244.10, subdivision 2a.  The policies and procedures of
69.11 	the committee for federal offenders and interstate compact cases
69.12 	must be in accordance with all requirements as set forth in this
69.13 	section, unless restrictions caused by the nature of federal or
69.14 	interstate transfers prevents such conformance.
69.15 	(l) If the committee assigns a predatory offender to risk
69.16 	level III, the committee shall determine whether residency
69.17 	restrictions shall be included in the conditions of the
69.18 	offender's release based on the offender's pattern of offending
69.19 	behavior.
69.20 	
EFFECTIVE DATE. This section is effective July 1, 2005,
69.21 	and applies to persons subject to community notification on or
69.22 	after that date.

69.23 	Sec. 13. Minnesota Statutes 2004, section 244.052, is
69.24 	amended by adding a subdivision to read:
69.25 		Subd. 3a.Offenders from other states and offenders
69.26 	released from federal facilities. (a) Except as provided in
69.27 	paragraph (b), the commissioner shall establish an
69.28 	end-of-confinement review committee to assign a risk level:
69.29 	(1) to offenders who are released from a federal
69.30 	correctional facility in Minnesota or a federal correctional
69.31 	facility in another state and who intend to reside in Minnesota;
69.32 	(2) to offenders who are accepted from another state under
69.33 	the interstate compact authorized by section 243.16 or 243.1605
69.34 	or any other authorized interstate agreement; and 
69.35 	(3) to offenders who are referred to the committee by local
69.36 	law enforcement agencies under paragraph (f).
70.1 	(b) This subdivision does not require the commissioner to
70.2 	convene an end-of-confinement review committee for a person
70.3 	coming into Minnesota who is subject to probation under another
70.4 	state's law.  The probation or court services officer and law
70.5 	enforcement officer shall manage such cases in accordance with
70.6 	section 244.10, subdivision 2a.
70.7 	(c) The committee shall make reasonable efforts to conform
70.8 	to the same timelines applied to offenders released from a
70.9 	Minnesota correctional facility and shall collect all relevant
70.10 	information and records on offenders assessed and assigned a
70.11 	risk level under this subdivision.  However, for offenders who
70.12 	were assigned the most serious risk level by another state, the
70.13 	committee must act promptly to collect the information required
70.14 	under this paragraph.
70.15 	The end-of-confinement review committee must proceed in
70.16 	accordance with all requirements set forth in this section and
70.17 	follow all policies and procedures applied to offenders released
70.18 	from a Minnesota correctional facility in reviewing information
70.19 	and assessing the risk level of offenders covered by this
70.20 	subdivision, unless restrictions caused by the nature of federal
70.21 	or interstate transfers prevent such conformance.  All of the
70.22 	provisions of this section apply to offenders who are assessed
70.23 	and assigned a risk level under this subdivision.
70.24 	(d) If a local law enforcement agency learns or suspects
70.25 	that a person who is subject to this section is living in
70.26 	Minnesota and a risk level has not been assigned to the person
70.27 	under this section, the law enforcement agency shall provide
70.28 	this information to the Bureau of Criminal Apprehension and the
70.29 	commissioner of corrections within three business days.
70.30 	(e) If the commissioner receives reliable information from
70.31 	a local law enforcement agency or the bureau that a person
70.32 	subject to this section is living in Minnesota and a local law
70.33 	enforcement agency so requests, the commissioner must determine
70.34 	if the person was assigned a risk level under a law comparable
70.35 	to this section.  If the commissioner determines that the law is
70.36 	comparable and public safety warrants, the commissioner, within
71.1 	three business days of receiving a request, shall notify the
71.2 	local law enforcement agency that it may, in consultation with
71.3 	the department, proceed with notification under subdivision 4
71.4 	based on the person's out-of-state risk level.  However, if the
71.5 	commissioner concludes that the offender is from a state with a
71.6 	risk level assessment law that is not comparable to this
71.7 	section, the extent of the notification may not exceed that of a
71.8 	risk level II offender under subdivision 4, paragraph (b),
71.9 	unless the requirements of paragraph (f) have been met.  If an
71.10 	assessment is requested from the end-of-confinement review
71.11 	committee under paragraph (f), the local law enforcement agency
71.12 	may continue to disclose information under subdivision 4 until
71.13 	the committee assigns the person a risk level.  After the
71.14 	committee assigns a risk level to an offender pursuant to a
71.15 	request made under paragraph (f), the information disclosed by
71.16 	law enforcement shall be consistent with the risk level assigned
71.17 	by the end-of-confinement review committee.  The commissioner of
71.18 	corrections, in consultation with legal advisers, shall
71.19 	determine whether the law of another state is comparable to this
71.20 	section.
71.21 	(f) If the local law enforcement agency wants to make a
71.22 	broader disclosure than is authorized under paragraph (e), the
71.23 	law enforcement agency may request that an end-of-confinement
71.24 	review committee assign a risk level to the offender.  The local
71.25 	law enforcement agency shall provide to the committee all
71.26 	information concerning the offender's criminal history, the risk
71.27 	the offender poses to the community, and other relevant
71.28 	information.  The department shall attempt to obtain other
71.29 	information relevant to determining which risk level to assign
71.30 	the offender.  The committee shall promptly assign a risk level
71.31 	to an offender referred to the committee under this paragraph.
71.32 	
EFFECTIVE DATE. This section is effective July 1, 2005,
71.33 	and applies to persons subject to community notification on or
71.34 	after that date.

71.35 	Sec. 14. Minnesota Statutes 2004, section 244.052,
71.36 	subdivision 4, is amended to read:
72.1 		Subd. 4.Law enforcement agency; disclosure of
72.2 	information to public.  (a) The law enforcement agency in the
72.3 	area where the predatory offender resides, expects to reside, is
72.4 	employed, or is regularly found, shall disclose to the public
72.5 	any information regarding the offender contained in the report
72.6 	forwarded to the agency under subdivision 3, paragraph (f), that
72.7 	is relevant and necessary to protect the public and to
72.8 	counteract the offender's dangerousness, consistent with the
72.9 	guidelines in paragraph (b).  The extent of the information
72.10 	disclosed and the community to whom disclosure is made must
72.11 	relate to the level of danger posed by the offender, to the
72.12 	offender's pattern of offending behavior, and to the need of
72.13 	community members for information to enhance their individual
72.14 	and collective safety.
72.15 	(b) The law enforcement agency shall employ the following
72.16 	guidelines in determining the scope of disclosure made under
72.17 	this subdivision:
72.18 	(1) if the offender is assigned to risk level I, the agency
72.19 	may maintain information regarding the offender within the
72.20 	agency and may disclose it to other law enforcement agencies.
72.21 	Additionally, the agency may disclose the information to any
72.22 	victims of or witnesses to the offense committed by the
72.23 	offender. The agency shall disclose the information to victims
72.24 	of the offense committed by the offender who have requested
72.25 	disclosure and to adult members of the offender's immediate
72.26 	household;
72.27 	(2) if the offender is assigned to risk level II, the
72.28 	agency also may disclose the information to agencies and groups
72.29 	that the offender is likely to encounter for the purpose of
72.30 	securing those institutions and protecting individuals in their
72.31 	care while they are on or near the premises of the institution.
72.32 	These agencies and groups include the staff members of public
72.33 	and private educational institutions, day care establishments,
72.34 	and establishments and organizations that primarily serve
72.35 	individuals likely to be victimized by the offender.  The agency
72.36 	also may disclose the information to individuals the agency
73.1 	believes are likely to be victimized by the offender.  The
73.2 	agency's belief shall be based on the offender's pattern of
73.3 	offending or victim preference as documented in the information
73.4 	provided by the department of corrections or human services;
73.5 	(3) if the offender is assigned to risk level III, the
73.6 	agency shall disclose the information to the persons and
73.7 	entities described in clauses (1) and (2) and to other members
73.8 	of the community whom the offender is likely to encounter,
73.9 	unless the law enforcement agency determines that public safety
73.10 	would be compromised by the disclosure or that a more limited
73.11 	disclosure is necessary to protect the identity of the victim.
73.12 	Notwithstanding the assignment of a predatory offender to
73.13 	risk level II or III, a law enforcement agency may not make the
73.14 	disclosures permitted or required by clause (2) or (3), if:  the
73.15 	offender is placed or resides in a residential facility.
73.16 	However, if an offender is placed or resides in a residential
73.17 	facility, the offender and the head of the facility shall
73.18 	designate the offender's likely residence upon release from the
73.19 	facility and the head of the facility shall notify the
73.20 	commissioner of corrections or the commissioner of human
73.21 	services of the offender's likely residence at least 14 days
73.22 	before the offender's scheduled release date.  The commissioner
73.23 	shall give this information to the law enforcement agency having
73.24 	jurisdiction over the offender's likely residence.  The head of
73.25 	the residential facility also shall notify the commissioner of
73.26 	corrections or human services within 48 hours after finalizing
73.27 	the offender's approved relocation plan to a permanent
73.28 	residence.  Within five days after receiving this notification,
73.29 	the appropriate commissioner shall give to the appropriate law
73.30 	enforcement agency all relevant information the commissioner has
73.31 	concerning the offender, including information on the risk
73.32 	factors in the offender's history and the risk level to which
73.33 	the offender was assigned.  After receiving this information,
73.34 	the law enforcement agency shall make the disclosures permitted
73.35 	or required by clause (2) or (3), as appropriate.
73.36 	(c) As used in paragraph (b), clauses (2) and (3), "likely
74.1 	to encounter" means that:
74.2 	(1) the organizations or community members are in a
74.3 	location or in close proximity to a location where the offender
74.4 	lives or is employed, or which the offender visits or is likely
74.5 	to visit on a regular basis, other than the location of the
74.6 	offender's outpatient treatment program; and
74.7 	(2) the types of interaction which ordinarily occur at that
74.8 	location and other circumstances indicate that contact with the
74.9 	offender is reasonably certain.
74.10 	(d) A law enforcement agency or official who discloses
74.11 	information under this subdivision shall make a good faith
74.12 	effort to make the notification within 14 days of receipt of a
74.13 	confirmed address from the Department of Corrections indicating
74.14 	that the offender will be, or has been, released from
74.15 	confinement, or accepted for supervision, or has moved to a new
74.16 	address and will reside at the address indicated.  If a change
74.17 	occurs in the release plan, this notification provision does not
74.18 	require an extension of the release date.
74.19 	(e) A law enforcement agency or official who discloses
74.20 	information under this subdivision shall not disclose the
74.21 	identity or any identifying characteristics of the victims of or
74.22 	witnesses to the offender's offenses.
74.23 	(f) A law enforcement agency shall continue to disclose
74.24 	information on an offender as required by this subdivision for
74.25 	as long as the offender is required to register under section
74.26 	243.166. This requirement on a law enforcement agency to
74.27 	continue to disclose information also applies to an offender who
74.28 	lacks a primary address and is registering under section
74.29 	243.166, subdivision 3a.
74.30 	(g) A law enforcement agency that is disclosing information
74.31 	on an offender assigned to risk level III to the public under
74.32 	this subdivision shall inform the commissioner of corrections
74.33 	what information is being disclosed and forward this information
74.34 	to the commissioner within two days of the agency's
74.35 	determination.  The commissioner shall post this information on
74.36 	the Internet as required in subdivision 4b.
75.1 	(h) A city council may adopt a policy that addresses when
75.2 	information disclosed under this subdivision must be presented
75.3 	in languages in addition to English.  The policy may address
75.4 	when information must be presented orally, in writing, or both
75.5 	in additional languages by the law enforcement agency disclosing
75.6 	the information.  The policy may provide for different
75.7 	approaches based on the prevalence of non-English languages in
75.8 	different neighborhoods.
75.9 	(i) An offender who is the subject of a community
75.10 	notification meeting held pursuant to this section may not
75.11 	attend the meeting.
75.12 	
EFFECTIVE DATE. This section is effective the day
75.13 	following final enactment and applies to persons subject to
75.14 	community notification on or after that date.

75.15 	Sec. 15. Minnesota Statutes 2004, section 244.052, is
75.16 	amended by adding a subdivision to read:
75.17 		Subd. 4c.Law enforcement agency; disclosure of
75.18 	information to a health care facility. (a) The law enforcement
75.19 	agency in the area where a health care facility is located shall
75.20 	disclose the registrant status of any predatory offender
75.21 	registered under section 243.166 to the health care facility if
75.22 	the registered offender is receiving inpatient care in that
75.23 	facility.
75.24 	(b) As used in this section, "health care facility" means a
75.25 	hospital or other entity licensed under sections 144.50 to
75.26 	144.58, a nursing home licensed to serve adults under section
75.27 	144A.02, or a group residential housing facility or an
75.28 	intermediate care facility for the mentally retarded licensed
75.29 	under chapter 245A.
75.30 	
EFFECTIVE DATE. This section is effective the day
75.31 	following final enactment.

75.32 	Sec. 16. [244.056] PREDATORY OFFENDER SEEKING HOUSING IN
75.33 	JURISDICTION OF DIFFERENT CORRECTIONS AGENCY.
75.34 	If a corrections agency supervising an offender who is
75.35 	required to register as a predatory offender under section
75.36 	243.166 and who is classified by the department as a public risk
76.1 	monitoring case has knowledge that the offender is seeking
76.2 	housing arrangements in a location under the jurisdiction of
76.3 	another corrections agency, the agency shall notify the other
76.4 	agency of this and initiate a supervision transfer request.

76.5 	EFFECTIVE DATE. This section is effective August 1, 2005.

76.6 	Sec. 17. [244.057] PLACEMENT OF PREDATORY OFFENDER IN
76.7 	HOUSEHOLD WITH CHILDREN.
76.8 	A corrections agency supervising an offender required to
76.9 	register as a predatory offender under section 243.166 shall
76.10 	notify the appropriate child protection agency before
76.11 	authorizing the offender to live in a household where children
76.12 	are residing.

76.13 	EFFECTIVE DATE. This section is effective July 1, 2005.

76.14 	Sec. 18. Minnesota Statutes 2004, section 244.10,
76.15 	subdivision 2a, is amended to read:
76.16 		Subd. 2a.Notice of information regarding predatory
76.17 	offenders.  (a) Subject to paragraph (b), in any case in which a
76.18 	person is convicted of an offense and the presumptive sentence
76.19 	under the Sentencing Guidelines is commitment to the custody of
76.20 	the commissioner of corrections, if the court grants a
76.21 	dispositional departure and stays imposition or execution of
76.22 	sentence, the probation or court services officer who is
76.23 	assigned to supervise the offender shall provide in writing to
76.24 	the following the fact that the offender is on probation and the
76.25 	terms and conditions of probation:
76.26 	(1) a victim of and any witnesses to the offense committed
76.27 	by the offender, if the victim or the witness has requested
76.28 	notice; and
76.29 	(2) the chief law enforcement officer in the area where the
76.30 	offender resides or intends to reside.
76.31 	The law enforcement officer, in consultation with the
76.32 	offender's probation officer, may provide all or part of this
76.33 	information to any of the following agencies or groups the
76.34 	offender is likely to encounter:  public and private educational
76.35 	institutions, day care establishments, and establishments or
76.36 	organizations that primarily serve individuals likely to be
77.1 	victimized by the offender. The law enforcement officer, in
77.2 	consultation with the offender's probation officer, also may
77.3 	disclose the information to individuals the officer believes are
77.4 	likely to be victimized by the offender.  The officer's belief
77.5 	shall be based on the offender's pattern of offending or victim
77.6 	preference as documented in the information provided by the
77.7 	Department of Corrections or Department of Human Services.
77.8 	The probation officer is not required under this
77.9 	subdivision to provide any notice while the offender is placed
77.10 	or resides in a residential facility that is licensed under
77.11 	section 245A.02, subdivision 14, or 241.021, if the facility
77.12 	staff is trained in the supervision of sex offenders.
77.13 	(b) Paragraph (a) applies only to offenders required to
77.14 	register under section 243.166, as a result of the conviction.
77.15 	(c) The notice authorized by paragraph (a) shall be limited
77.16 	to data classified as public under section 13.84, subdivision 6,
77.17 	unless the offender provides informed consent to authorize the
77.18 	release of nonpublic data or unless a court order authorizes the
77.19 	release of nonpublic data.
77.20 	(d) Nothing in this subdivision shall be interpreted to
77.21 	impose a duty on any person to use any information regarding an
77.22 	offender about whom notification is made under this subdivision.
77.23 	
EFFECTIVE DATE. This section is effective August 1, 2005,
77.24 	and applies to offenders entering the state, released from
77.25 	confinement, subject to community notification, or sentenced on
77.26 	or after that date.

77.27 	Sec. 19. Minnesota Statutes 2004, section 253B.18,
77.28 	subdivision 5, is amended to read:
77.29 		Subd. 5.Petition; notice of hearing; attendance; order.
 77.30 	(a) A petition for an order of transfer, discharge, provisional
77.31 	discharge, or revocation of provisional discharge shall be filed
77.32 	with the commissioner and may be filed by the patient or by the
77.33 	head of the treatment facility.  A patient may not petition the
77.34 	special review board for six months following commitment under
77.35 	subdivision 3 or following the final disposition of any previous
77.36 	petition and subsequent appeal by the patient.  The medical
78.1 	director may petition at any time.
78.2 	(b) Fourteen days prior to the hearing, the committing
78.3 	court, the county attorney of the county of commitment, the
78.4 	designated agency, interested person, the petitioner, and the
78.5 	petitioner's counsel shall be given written notice by the
78.6 	commissioner of the time and place of the hearing before the
78.7 	special review board.  Only those entitled to statutory notice
78.8 	of the hearing or those administratively required to attend may
78.9 	be present at the hearing.  The patient may designate interested
78.10 	persons to receive notice by providing the names and addresses
78.11 	to the commissioner at least 21 days before the hearing.  The
78.12 	board shall provide the commissioner with written findings of
78.13 	fact and recommendations within 21 days of the hearing.  The
78.14 	commissioner shall issue an order no later than 14 days after
78.15 	receiving the recommendation of the special review board.  A
78.16 	copy of the order shall be sent by certified mail to every
78.17 	person entitled to statutory notice of the hearing within five
78.18 	days after it is signed.  No order by the commissioner shall be
78.19 	effective sooner than 30 days after the order is signed, unless
78.20 	the county attorney, the patient, and the commissioner agree
78.21 	that it may become effective sooner.
78.22 	(c) The special review board shall hold a hearing on each
78.23 	petition prior to making its recommendation to the
78.24 	commissioner.  The special review board proceedings are not
78.25 	contested cases as defined in chapter 14.  Any person or agency
78.26 	receiving notice that submits documentary evidence to the
78.27 	special review board prior to the hearing shall also provide
78.28 	copies to the patient, the patient's counsel, the county
78.29 	attorney of the county of commitment, the case manager, and the
78.30 	commissioner.
78.31 	(d) Prior to the final decision by the commissioner, the
78.32 	special review board may be reconvened to consider events or
78.33 	circumstances that occurred subsequent to the hearing.
78.34 	(e) In making their recommendations and order, the special
78.35 	review board and commissioner must consider any statements
78.36 	received from victims under subdivision 5a.
79.1 	
EFFECTIVE DATE. This section is effective August 1, 2005.

79.2 	Sec. 20. Minnesota Statutes 2004, section 253B.18, is
79.3 	amended by adding a subdivision to read:
79.4 		Subd. 5a.Victim notification of petition and release;
79.5 	right to submit statement. (a) As used in this subdivision:
79.6 	(1) "crime" has the meaning given to "violent crime" in
79.7 	section 609.1095, and includes criminal sexual conduct in the
79.8 	fifth degree and offenses within the definition of "crime
79.9 	against the person" in section 253B.02, subdivision 4a, and also
79.10 	includes offenses listed in section 253B.02, subdivision 7a,
79.11 	paragraph (b), regardless of whether they are sexually
79.12 	motivated;
79.13 	(2) "victim" means a person who has incurred loss or harm
79.14 	as a result of a crime the behavior for which forms the basis
79.15 	for a commitment under this section or section 253B.185; and 
79.16 	(3) "convicted" and "conviction" have the meanings given in
79.17 	section 609.02, subdivision 5, and also include juvenile court
79.18 	adjudications, findings under Minnesota Rules of Criminal
79.19 	Procedure, Rule 20.02, that the elements of a crime have been
79.20 	proved, and findings in commitment cases under this section or
79.21 	section 253B.185 that an act or acts constituting a crime
79.22 	occurred.
79.23 	(b) A county attorney who files a petition to commit a
79.24 	person under this section or section 253B.185 shall make a
79.25 	reasonable effort to provide prompt notice of filing the
79.26 	petition to any victim of a crime for which the person was
79.27 	convicted.  In addition, the county attorney shall make a
79.28 	reasonable effort to promptly notify the victim of the
79.29 	resolution of the petition.
79.30 	(c) Before provisionally discharging, discharging, granting
79.31 	pass-eligible status, approving a pass plan, or otherwise
79.32 	permanently or temporarily releasing a person committed under
79.33 	this section or section 253B.185 from a treatment facility, the
79.34 	head of the treatment facility shall make a reasonable effort to
79.35 	notify any victim of a crime for which the person was convicted
79.36 	that the person may be discharged or released and that the
80.1 	victim has a right to submit a written statement regarding
80.2 	decisions of the medical director, special review board, or
80.3 	commissioner with respect to the person.  To the extent
80.4 	possible, the notice must be provided at least 14 days before
80.5 	any special review board hearing or before a determination on a
80.6 	pass plan.
80.7 	(d) This subdivision applies only to victims who have
80.8 	requested notification by contacting, in writing, the county
80.9 	attorney in the county where the conviction for the crime
80.10 	occurred.  A county attorney who receives a request for
80.11 	notification under this paragraph shall promptly forward the
80.12 	request to the commissioner of human services.
80.13 	(e) The rights under this subdivision are in addition to
80.14 	rights available to a victim under chapter 611A.  This provision
80.15 	does not give a victim all the rights of a "notified person" or
80.16 	a person "entitled to statutory notice" under subdivision 4a,
80.17 	4b, or 5.
80.18 	
EFFECTIVE DATE. This section is effective August 1, 2005.

80.19 	Sec. 21. Minnesota Statutes 2004, section 609.108,
80.20 	subdivision 7, is amended to read:
80.21 		Subd. 7.Commissioner of corrections.  The commissioner
80.22 	shall develop a plan to pay the cost of treatment of a person
80.23 	released under subdivision 6. The plan may include co-payments
80.24 	from offenders, third-party payers, local agencies, or other
80.25 	funding sources as they are identified.This section does not
80.26 	require the commissioner to accept or retain an offender in a
80.27 	treatment program.
80.28 	
EFFECTIVE DATE. This section is effective July 1, 2005.

80.29 	Sec. 22. Minnesota Statutes 2004, section 609.109,
80.30 	subdivision 7, is amended to read:
80.31 		Subd. 7.Conditional release of sex offenders.  (a)
80.32 	Notwithstanding the statutory maximum sentence otherwise
80.33 	applicable to the offense or any provision of the Sentencing
80.34 	Guidelines, when a court sentences a person to prison for a
80.35 	violation of section 609.342, 609.343, 609.344, or 609.345, the
80.36 	court shall provide that after the person has completed the
81.1 	sentence imposed, the commissioner of corrections shall place
81.2 	the person on conditional release.  If the person was convicted
81.3 	for a violation of section 609.342, 609.343, 609.344, or
81.4 	609.345, the person shall be placed on conditional release for
81.5 	five years, minus the time the person served on supervised
81.6 	release.  If the person was convicted for a violation of one of
81.7 	those sections after a previous sex offense conviction as
81.8 	defined in subdivision 5, or sentenced under subdivision 6 to a
81.9 	mandatory departure, the person shall be placed on conditional
81.10 	release for ten years, minus the time the person served on
81.11 	supervised release.
81.12 	(b) The conditions of release may include successful
81.13 	completion of treatment and aftercare in a program approved by
81.14 	the commissioner, satisfaction of the release conditions
81.15 	specified in section 244.05, subdivision 6, and any other
81.16 	conditions the commissioner considers appropriate.  If the
81.17 	offender fails to meet any condition of release, the
81.18 	commissioner may revoke the offender's conditional release and
81.19 	order that the offender serve the remaining portion of the
81.20 	conditional release term in prison.  The commissioner shall not
81.21 	dismiss the offender from supervision before the conditional
81.22 	release term expires.
81.23 	Conditional release under this subdivision is governed by
81.24 	provisions relating to supervised release, except as otherwise
81.25 	provided in this subdivision, section 244.04, subdivision 1, or
81.26 	244.05.
81.27 	(c) The commissioner shall develop a plan to pay the cost
81.28 	of treatment of a person released under this subdivision. The
81.29 	plan may include co-payments from offenders, third-party payers,
81.30 	local agencies, and other funding sources as they are
81.31 	identified.This section does not require the commissioner to
81.32 	accept or retain an offender in a treatment program.
81.33 	
EFFECTIVE DATE. This section is effective July 1, 2005.

81.34 	Sec. 23. Minnesota Statutes 2004, section 609.3452,
81.35 	subdivision 1, is amended to read:
81.36 		Subdivision 1.Assessment required.  When a person is
82.1 	convicted of a sex offense, the court shall order an independent
82.2 	professional assessment of the offender's need for sex offender
82.3 	treatment to be completed before sentencing.  The court may
82.4 	waive the assessment if:  (1) the Sentencing Guidelines provide
82.5 	a presumptive prison sentence for the offender, or (2) an
82.6 	adequate assessment was conducted prior to the conviction.  An
82.7 	assessor providing an assessment for the court must be
82.8 	experienced in the evaluation and treatment of sex offenders.
82.9 	
EFFECTIVE DATE. This section is effective August 1, 2005.

82.10 	Sec. 24. [609.3456] USE OF POLYGRAPHS FOR SEX OFFENDERS
82.11 	ON PROBATION OR CONDITIONAL RELEASE.
82.12 	(a) A court may order as an intermediate sanction under
82.13 	section 609.135 and the commissioner of corrections may order as
82.14 	a condition of release under section 244.05 or 609.3455 that an
82.15 	offender under supervision for a sex offense submit to
82.16 	polygraphic examinations to ensure compliance with the terms of
82.17 	probation or conditions of release.
82.18 	(b) The court or commissioner may order the offender to pay
82.19 	all or a portion of the costs of the examinations.  The fee may
82.20 	be waived if the offender is indigent or if payment would result
82.21 	in an economic hardship to the offender's immediate family.

82.22 	EFFECTIVE DATE. This section is effective July 1, 2005.

82.23 	Sec. 25. Minnesota Statutes 2004, section 626.556,
82.24 	subdivision 3, is amended to read:
82.25 		Subd. 3.Persons mandated to report.  (a) A person who
82.26 	knows or has reason to believe a child is being neglected or
82.27 	physically or sexually abused, as defined in subdivision 2, or
82.28 	has been neglected or physically or sexually abused within the
82.29 	preceding three years, shall immediately report the information
82.30 	to the local welfare agency, agency responsible for assessing or
82.31 	investigating the report, police department, or the county
82.32 	sheriff if the person is:
82.33 	(1) a professional or professional's delegate who is
82.34 	engaged in the practice of the healing arts, social services,
82.35 	hospital administration, psychological or psychiatric treatment,
82.36 	child care, education, correctional supervision,or law
83.1 	enforcement; or
83.2 	(2) employed as a member of the clergy and received the
83.3 	information while engaged in ministerial duties, provided that a
83.4 	member of the clergy is not required by this subdivision to
83.5 	report information that is otherwise privileged under section
83.6 	595.02, subdivision 1, paragraph (c).
83.7 	The police department or the county sheriff, upon receiving
83.8 	a report, shall immediately notify the local welfare agency or
83.9 	agency responsible for assessing or investigating the report,
83.10 	orally and in writing.  The local welfare agency, or agency
83.11 	responsible for assessing or investigating the report, upon
83.12 	receiving a report, shall immediately notify the local police
83.13 	department or the county sheriff orally and in writing.  The
83.14 	county sheriff and the head of every local welfare agency,
83.15 	agency responsible for assessing or investigating reports, and
83.16 	police department shall each designate a person within their
83.17 	agency, department, or office who is responsible for ensuring
83.18 	that the notification duties of this paragraph and paragraph (b)
83.19 	are carried out.  Nothing in this subdivision shall be construed
83.20 	to require more than one report from any institution, facility,
83.21 	school, or agency.
83.22 	(b) Any person may voluntarily report to the local welfare
83.23 	agency, agency responsible for assessing or investigating the
83.24 	report, police department, or the county sheriff if the person
83.25 	knows, has reason to believe, or suspects a child is being or
83.26 	has been neglected or subjected to physical or sexual abuse.
83.27 	The police department or the county sheriff, upon receiving a
83.28 	report, shall immediately notify the local welfare agency or
83.29 	agency responsible for assessing or investigating the report,
83.30 	orally and in writing.  The local welfare agency or agency
83.31 	responsible for assessing or investigating the report, upon
83.32 	receiving a report, shall immediately notify the local police
83.33 	department or the county sheriff orally and in writing.
83.34 	(c) A person mandated to report physical or sexual child
83.35 	abuse or neglect occurring within a licensed facility shall
83.36 	report the information to the agency responsible for licensing
84.1 	the facility under sections 144.50 to 144.58; 241.021; 245A.01
84.2 	to 245A.16; or chapter 245B; or a nonlicensed personal care
84.3 	provider organization as defined in sections 256B.04,
84.4 	subdivision 16; and 256B.0625, subdivision 19.  A health or
84.5 	corrections agency receiving a report may request the local
84.6 	welfare agency to provide assistance pursuant to subdivisions
84.7 	10, 10a, and 10b.  A board or other entity whose licensees
84.8 	perform work within a school facility, upon receiving a
84.9 	complaint of alleged maltreatment, shall provide information
84.10 	about the circumstances of the alleged maltreatment to the
84.11 	commissioner of education.  Section 13.03, subdivision 4,
84.12 	applies to data received by the commissioner of education from a
84.13 	licensing entity.
84.14 	(d) Any person mandated to report shall receive a summary
84.15 	of the disposition of any report made by that reporter,
84.16 	including whether the case has been opened for child protection
84.17 	or other services, or if a referral has been made to a community
84.18 	organization, unless release would be detrimental to the best
84.19 	interests of the child.  Any person who is not mandated to
84.20 	report shall, upon request to the local welfare agency, receive
84.21 	a concise summary of the disposition of any report made by that
84.22 	reporter, unless release would be detrimental to the best
84.23 	interests of the child.
84.24 	(e) For purposes of this subdivision, "immediately" means
84.25 	as soon as possible but in no event longer than 24 hours.
84.26 	
EFFECTIVE DATE. This section is effective August 1, 2005.

84.27 	Sec. 26. PROTOCOL ON USE OF POLYGRAPHS.
 84.28 	By September 1, 2005, the state court administrator, in
84.29 	consultation with the Conference of Chief Judges, is requested
84.30 	to develop a protocol for the use of polygraphic examinations
84.31 	for sex offenders placed on probation under Minnesota Statutes,
84.32 	section 609.3456.  This protocol shall be distributed to judges
84.33 	across the state.

84.34 	EFFECTIVE DATE. This section is effective the day
84.35 	following final enactment.

84.36 	Sec. 27. SUPREME COURT STUDY ON SEXUALLY DANGEROUS PERSON
85.1 	AND SEXUAL PSYCHOPATHIC PERSONALITY CIVIL COMMITMENTS.
 85.2 		Subdivision 1.Establishment. The Supreme Court is
85.3 	requested to study the following related to the civil commitment
85.4 	of sexually dangerous persons and sexual psychopathic
85.5 	personalities under Minnesota Statutes, section 253B.185:
85.6 	(1) the development and use of a statewide panel of defense
85.7 	attorneys to represent those persons after a commitment petition
85.8 	is filed; and 
85.9 	(2) the development and use of a statewide panel of judges
85.10 	to hear these petitions.
85.11 		Subd. 2.Report. The Supreme Court shall report its
85.12 	findings and recommendations to the chairs and ranking minority
85.13 	members of the house of representatives and senate committees
85.14 	and divisions having jurisdiction over criminal justice and
85.15 	civil law policy and funding by February 1, 2006.
85.16 	
EFFECTIVE DATE. This section is effective the day
85.17 	following final enactment.

85.18 	Sec. 28. WORKING GROUP ON SEX OFFENDER MANAGEMENT.
 85.19 		Subdivision 1.Working group established. The
85.20 	commissioner of corrections shall convene a working group of
85.21 	individuals knowledgeable in the supervision and treatment of
85.22 	sex offenders.  The group must include individuals from both
85.23 	inside and outside of the Department of Corrections.  The
85.24 	commissioner shall ensure broad representation in the group,
85.25 	including representatives from all three probation systems and
85.26 	from diverse parts of the state.  The working group shall study
85.27 	and make recommendations on the issues listed in this section.
85.28 	To the degree feasible, the group shall consider how these
85.29 	issues are addressed in other states.
85.30 		Subd. 2.Issues to be studied. The working group shall
85.31 	review and make recommendations on:
85.32 	(1) statewide standards regarding the minimum frequency of
85.33 	in-person contacts between sex offenders and their correctional
85.34 	agents, including, but not limited to, home visits;
85.35 	(2) a model set of special conditions of sex offender
85.36 	supervision that can be used by courts and corrections agencies
86.1 	throughout Minnesota;
86.2 	(3) statewide standards regarding the documentation by
86.3 	correctional agents of their supervision activities;
86.4 	(4) standards to provide corrections agencies with guidance
86.5 	regarding sex offender assessment practices;
86.6 	(5) policies that encourage sentencing conditions and
86.7 	prison release plans to clearly distinguish between sex offender
86.8 	treatment programs and other types of programs and services and
86.9 	to clearly specify which type of program the offender is
86.10 	required to complete;
86.11 	(6) ways to improve the Department of Corrections' prison
86.12 	release planning practices for sex offenders, including sex
86.13 	offenders with chemical dependency needs or mental health needs;
86.14 	(7) methods and timetables for periodic external reviews of
86.15 	sex offender supervision practices;
86.16 	(8) statewide standards for the use of polygraphs by
86.17 	corrections agencies and sex offender treatment programs;
86.18 	(9) statewide standards specifying basic program elements
86.19 	for community-based sex offender treatment programs, including,
86.20 	but not limited to, staff qualifications, case planning, use of
86.21 	polygraphs, and progress reports prepared for supervising
86.22 	agencies;
86.23 	(10) a statewide protocol on the sharing of sex offender
86.24 	information between corrections agencies and child protection
86.25 	agencies in situations where offenders are placed in households
86.26 	where children reside;
86.27 	(11) best practices for supervising sex offenders such as
86.28 	intensive supervised release, specialized caseloads, and other
86.29 	innovative methods, ideal caseload sizes for supervising agents,
86.30 	and methods to implement this in a manner that does not
86.31 	negatively impact the supervision of other types of offenders;
86.32 	and 
86.33 	(12) any other issues related to sex offender treatment and
86.34 	management that the working group deems appropriate.
86.35 		Subd. 3.Review of new laws. The working group shall
86.36 	also review the provisions of any laws enacted in 2005 relating
87.1 	to sex offender supervision and treatment.  The group shall make
87.2 	recommendations on whether any changes to these provisions
87.3 	should be considered by the legislature.
87.4 		Subd. 4.Reports. By February 15, 2006, the working
87.5 	group shall submit a progress report and by February 15, 2007,
87.6 	the working group shall submit its recommendations to the chairs
87.7 	and ranking minority members of the senate and house committees
87.8 	having jurisdiction over criminal justice policy.
87.9 		Subd. 5.Policies required. After considering the
87.10 	recommendations of the working group, the commissioner of
87.11 	corrections may implement policies and standards relating to the
87.12 	issues described in subdivision 2 over which the commissioner
87.13 	has jurisdiction.
87.14 	
EFFECTIVE DATE. This section is effective the day
87.15 	following final enactment.

87.16 	Sec. 29. PRISON-BASED SEX OFFENDER TREATMENT PROGRAMS;
87.17 	REPORT.
 87.18 	By February 15, 2006, the commissioner of corrections shall
87.19 	report to the chairs and ranking minority members of the senate
87.20 	and house committees having jurisdiction over criminal justice
87.21 	policy on prison-based sex offender treatment programs.  The
87.22 	report must:
87.23 	(1) examine options for increasing the number of inmates
87.24 	participating in these programs;
87.25 	(2) examine funding for these programs;
87.26 	(3) examine options for treating inmates who have limited
87.27 	periods of time remaining in their terms of imprisonment;
87.28 	(4) examine the merits and limitations of extending an
87.29 	inmate's term of imprisonment for refusing to participate in
87.30 	treatment; and 
87.31 	(5) examine any other related issues deemed relevant by the
87.32 	commissioner.

87.33 	EFFECTIVE DATE. This section is effective the day
87.34 	following final enactment.

87.35 	Sec. 30. REVISOR'S INSTRUCTION.
 87.36 	The revisor of statutes shall change all references to
88.1 	Minnesota Statutes, section 243.166, subdivision 1, in Minnesota
88.2 	Statutes to section 243.166.  In addition, the revisor shall
88.3 	make other technical changes necessitated by this article.

88.4 	EFFECTIVE DATE. This section is effective the day
88.5 	following final enactment.

88.6 	Sec. 31. REPEALER.
 88.7 	Minnesota Statutes 2004, section 243.166, subdivisions 1
88.8 	and 8, are repealed.

88.9 	EFFECTIVE DATE. This section is effective the day
88.10 	following final enactment.

88.11 	ARTICLE 4
88.12 	SEX OFFENDERS:
88.13 	TECHNICAL AND CONFORMING CHANGES

88.14 	Section 1. Minnesota Statutes 2004, section 13.871,
88.15 	subdivision 5, is amended to read:
88.16 		Subd. 5.Crime victims.  (a) [CRIME VICTIM NOTICE OF
88.17 	RELEASE.] Data on crime victims who request notice of an
88.18 	offender's release are classified under section 611A.06.
88.19 	(b) [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex
88.20 	offenders under section 611A.19, subdivision 2, are classified
88.21 	under that section.
88.22 	(c) [BATTERED WOMEN.] Data on battered women maintained by
88.23 	grantees for emergency shelter and support services for battered
88.24 	women are governed by section 611A.32, subdivision 5.
88.25 	(d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and
88.26 	victims of domestic abuse maintained by grantees and recipients
88.27 	of per diem payments for emergency shelter for battered women
88.28 	and support services for battered women and victims of domestic
88.29 	abuse are governed by sections 611A.32, subdivision 5, and
88.30 	611A.371, subdivision 3.
88.31 	(e) [PERSONAL HISTORY; INTERNAL AUDITING.] Certain personal
88.32 	history and internal auditing data is classified by section
88.33 	611A.46.
88.34 	(f) [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and
88.35 	supporting documents filed by crime victims seeking reparations
88.36 	are classified under section 611A.57, subdivision 6.
89.1 	(g) [CRIME VICTIM OVERSIGHT ACT.] Data maintained by the
89.2 	commissioner of public safety under the Crime Victim Oversight
89.3 	Act are classified under section 611A.74, subdivision 2.
89.4 	(h) [VICTIM IDENTITY DATA.] Data relating to the identity
89.5 	of the victims of certain criminal sexual conduct is governed by
89.6 	section 609.3471.
89.7 	
EFFECTIVE DATE. This section is effective July 1, 2005.

89.8 	Sec. 2. Minnesota Statutes 2004, section 14.03,
89.9 	subdivision 3, is amended to read:
89.10 		Subd. 3.Rulemaking procedures.  (a) The definition of a
89.11 	rule in section 14.02, subdivision 4, does not include:
89.12 	(1) rules concerning only the internal management of the
89.13 	agency or other agencies that do not directly affect the rights
89.14 	of or procedures available to the public;
89.15 	(2) an application deadline on a form; and the remainder of
89.16 	a form and instructions for use of the form to the extent that
89.17 	they do not impose substantive requirements other than
89.18 	requirements contained in statute or rule;
89.19 	(3) the curriculum adopted by an agency to implement a
89.20 	statute or rule permitting or mandating minimum educational
89.21 	requirements for persons regulated by an agency, provided the
89.22 	topic areas to be covered by the minimum educational
89.23 	requirements are specified in statute or rule;
89.24 	(4) procedures for sharing data among government agencies,
89.25 	provided these procedures are consistent with chapter 13 and
89.26 	other law governing data practices.
89.27 	(b) The definition of a rule in section 14.02, subdivision
89.28 	4, does not include:
89.29 	(1) rules of the commissioner of corrections relating to
89.30 	the release,placement, term,and supervision of inmates serving
89.31 	a supervised release or conditional release term, the internal
89.32 	management of institutions under the commissioner's control, and
89.33 	rules adopted under section 609.105 governing the inmates of
89.34 	those institutions;
89.35 	(2) rules relating to weight limitations on the use of
89.36 	highways when the substance of the rules is indicated to the
90.1 	public by means of signs;
90.2 	(3) opinions of the attorney general;
90.3 	(4) the data element dictionary and the annual data
90.4 	acquisition calendar of the Department of Education to the
90.5 	extent provided by section 125B.07;
90.6 	(5) the occupational safety and health standards provided
90.7 	in section 182.655;
90.8 	(6) revenue notices and tax information bulletins of the
90.9 	commissioner of revenue;
90.10 	(7) uniform conveyancing forms adopted by the commissioner
90.11 	of commerce under section 507.09; or
90.12 	(8) the interpretive guidelines developed by the
90.13 	commissioner of human services to the extent provided in chapter
90.14 	245A.
90.15 	
EFFECTIVE DATE. This section is effective July 1, 2005.

90.16 	Sec. 3. Minnesota Statutes 2004, section 609.109,
90.17 	subdivision 2, is amended to read:
90.18 		Subd. 2.Presumptive executed sentence.  Except as
90.19 	provided in subdivision 3 or 4, if a person is convicted under
90.20 	sections 609.342 to 609.345 609.3453, within 15 years of a
90.21 	previous sex offense conviction, the court shall commit the
90.22 	defendant to the commissioner of corrections for not less than
90.23 	three years, nor more than the maximum sentence provided by law
90.24 	for the offense for which convicted, notwithstanding the
90.25 	provisions of sections 242.19, 243.05, 609.11, 609.12, and
90.26 	609.135.  The court may stay the execution of the sentence
90.27 	imposed under this subdivision only if it finds that a
90.28 	professional assessment indicates the offender is accepted by
90.29 	and can respond to treatment at a long-term inpatient program
90.30 	exclusively treating sex offenders and approved by the
90.31 	commissioner of corrections.  If the court stays the execution
90.32 	of a sentence, it shall include the following as conditions of
90.33 	probation:
90.34 	(1) incarceration in a local jail or workhouse; and
90.35 	(2) a requirement that the offender successfully complete
90.36 	the treatment program and aftercare as directed by the court.
91.1 	
EFFECTIVE DATE. This section is effective August 1, 2005,
91.2 	and applies to crimes committed on or after that date.

91.3 	Sec. 4. Minnesota Statutes 2004, section 609.109,
91.4 	subdivision 5, is amended to read:
91.5 		Subd. 5.Previous sex offense convictions.  For the
91.6 	purposes of this section, a conviction is considered a previous
91.7 	sex offense conviction if the person was convicted of a sex
91.8 	offense before the commission of the present offense of
91.9 	conviction.  A person has two previous sex offense convictions
91.10 	only if the person was convicted and sentenced for a sex offense
91.11 	committed after the person was earlier convicted and sentenced
91.12 	for a sex offense, both convictions preceded the commission of
91.13 	the present offense of conviction, and 15 years have not elapsed
91.14 	since the person was discharged from the sentence imposed for
91.15 	the second conviction.  A "sex offense" is a violation of
91.16 	sections 609.342 to 609.345 609.3453 or any similar statute of
91.17 	the United States, this state, or any other state.
91.18 	
EFFECTIVE DATE. This section is effective August 1, 2005,
91.19 	and applies to crimes committed on or after that date.

91.20 	Sec. 5. Minnesota Statutes 2004, section 609.1351, is
91.21 	amended to read:
91.22 	609.1351 PETITION FOR CIVIL COMMITMENT.
91.23 	When a court sentences a person under section 609.108,
91.24 	609.342, 609.343, 609.344, or 609.345, or 609.3453,the court
91.25 	shall make a preliminary determination whether in the court's
91.26 	opinion a petition under section 253B.185 may be appropriate and
91.27 	include the determination as part of the sentencing order.  If
91.28 	the court determines that a petition may be appropriate, the
91.29 	court shall forward its preliminary determination along with
91.30 	supporting documentation to the county attorney.

91.31 	EFFECTIVE DATE. This section is effective August 1, 2005,
91.32 	and applies to crimes committed on or after that date.

91.33 	Sec. 6. Minnesota Statutes 2004, section 609.347, is
91.34 	amended to read:
91.35 	609.347 EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.
91.36 	Subdivision 1.  In a prosecution under sections 609.109or ,
92.1 	609.342 to 609.3451, or 609.3453, the testimony of a victim need
92.2 	not be corroborated.
92.3 	Subd. 2.  In a prosecution under sections 609.109or ,
92.4 	609.342 to 609.3451, or 609.3453,there is no need to show that
92.5 	the victim resisted the accused.
92.6 	Subd. 3.  In a prosecution under sections 609.109, 609.342
92.7 	to 609.3451, 609.3453,or 609.365, evidence of the victim's
92.8 	previous sexual conduct shall not be admitted nor shall any
92.9 	reference to such conduct be made in the presence of the jury,
92.10 	except by court order under the procedure provided in
92.11 	subdivision 4.  The evidence can be admitted only if the
92.12 	probative value of the evidence is not substantially outweighed
92.13 	by its inflammatory or prejudicial nature and only in the
92.14 	circumstances set out in paragraphs (a) and (b).  For the
92.15 	evidence to be admissible under paragraph (a), subsection (i),
92.16 	the judge must find by a preponderance of the evidence that the
92.17 	facts set out in the accused's offer of proof are true.  For the
92.18 	evidence to be admissible under paragraph (a), subsection (ii)
92.19 	or paragraph (b), the judge must find that the evidence is
92.20 	sufficient to support a finding that the facts set out in the
92.21 	accused's offer of proof are true, as provided under Rule 901 of
92.22 	the Rules of Evidence.
92.23 	(a) When consent of the victim is a defense in the case,
92.24 	the following evidence is admissible:
92.25 	(i) evidence of the victim's previous sexual conduct
92.26 	tending to establish a common scheme or plan of similar sexual
92.27 	conduct under circumstances similar to the case at issue.  In
92.28 	order to find a common scheme or plan, the judge must find that
92.29 	the victim made prior allegations of sexual assault which were
92.30 	fabricated; and
92.31 	(ii) evidence of the victim's previous sexual conduct with
92.32 	the accused.
92.33 	(b) When the prosecution's case includes evidence of semen,
92.34 	pregnancy, or disease at the time of the incident or, in the
92.35 	case of pregnancy, between the time of the incident and trial,
92.36 	evidence of specific instances of the victim's previous sexual
93.1 	conduct is admissible solely to show the source of the semen,
93.2 	pregnancy, or disease.
93.3 	Subd. 4.  The accused may not offer evidence described in
93.4 	subdivision 3 except pursuant to the following procedure:
93.5 	(a) A motion shall be made by the accused at least three
93.6 	business days prior to trial, unless later for good cause shown,
93.7 	setting out with particularity the offer of proof of the
93.8 	evidence that the accused intends to offer, relative to the
93.9 	previous sexual conduct of the victim;
93.10 	(b) If the court deems the offer of proof sufficient, the
93.11 	court shall order a hearing out of the presence of the jury, if
93.12 	any, and in such hearing shall allow the accused to make a full
93.13 	presentation of the offer of proof;
93.14 	(c) At the conclusion of the hearing, if the court finds
93.15 	that the evidence proposed to be offered by the accused
93.16 	regarding the previous sexual conduct of the victim is
93.17 	admissible under subdivision 3 and that its probative value is
93.18 	not substantially outweighed by its inflammatory or prejudicial
93.19 	nature, the court shall make an order stating the extent to
93.20 	which evidence is admissible.  The accused may then offer
93.21 	evidence pursuant to the order of the court;
93.22 	(d) If new information is discovered after the date of the
93.23 	hearing or during the course of trial, which may make evidence
93.24 	described in subdivision 3 admissible, the accused may make an
93.25 	offer of proof pursuant to clause (a) and the court shall order
93.26 	an in camera hearing to determine whether the proposed evidence
93.27 	is admissible by the standards herein.
93.28 	Subd. 5.  In a prosecution under sections 609.109or ,
93.29 	609.342 to 609.3451, or 609.3453, the court shall not instruct
93.30 	the jury to the effect that:
93.31 	(a) It may be inferred that a victim who has previously
93.32 	consented to sexual intercourse with persons other than the
93.33 	accused would be therefore more likely to consent to sexual
93.34 	intercourse again; or
93.35 	(b) The victim's previous or subsequent sexual conduct in
93.36 	and of itself may be considered in determining the credibility
94.1 	of the victim; or
94.2 	(c) Criminal sexual conduct is a crime easily charged by a
94.3 	victim but very difficult to disprove by an accused because of
94.4 	the heinous nature of the crime; or
94.5 	(d) The jury should scrutinize the testimony of the victim
94.6 	any more closely than it should scrutinize the testimony of any
94.7 	witness in any felony prosecution.
94.8 	Subd. 6.  (a) In a prosecution under sections 609.109or ,
94.9 	609.342 to 609.3451, or 609.3453,involving a psychotherapist
94.10 	and patient, evidence of the patient's personal or medical
94.11 	history is not admissible except when:
94.12 	(1) the accused requests a hearing at least three business
94.13 	days prior to trial and makes an offer of proof of the relevancy
94.14 	of the history; and
94.15 	(2) the court finds that the history is relevant and that
94.16 	the probative value of the history outweighs its prejudicial
94.17 	value.
94.18 	(b) The court shall allow the admission only of specific
94.19 	information or examples of conduct of the victim that are
94.20 	determined by the court to be relevant.  The court's order shall
94.21 	detail the information or conduct that is admissible and no
94.22 	other evidence of the history may be introduced.
94.23 	(c) Violation of the terms of the order is grounds for
94.24 	mistrial but does not prevent the retrial of the accused.
94.25 		Subd. 7.Effect of statute on rules. Rule 412 of the
94.26 	Rules of Evidence is superseded to the extent of its conflict
94.27 	with this section.
94.28 	
EFFECTIVE DATE. This section is effective August 1, 2005,
94.29 	and applies to crimes committed on or after that date.

94.30 	Sec. 7. Minnesota Statutes 2004, section 609.3471, is
94.31 	amended to read:
94.32 	609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
94.33 	CONFIDENTIAL.
94.34 	Notwithstanding any provision of law to the contrary, no
94.35 	data contained in records or reports relating to petitions,
94.36 	complaints, or indictments issued pursuant to section 609.342;,
95.1 	609.343;,609.344; or ,609.345, or 609.3453,which
95.2 	specifically identifies a victim who is a minor shall be
95.3 	accessible to the public, except by order of the court.  Nothing
95.4 	in this section authorizes denial of access to any other data
95.5 	contained in the records or reports, including the identity of
95.6 	the defendant.

95.7 	EFFECTIVE DATE. This section is effective August 1, 2005,
95.8 	and applies to crimes committed on or after that date.

95.9 	Sec. 8. Minnesota Statutes 2004, section 609.348, is
95.10 	amended to read:
95.11 	609.348 MEDICAL PURPOSES; EXCLUSION.
95.12 	Sections 609.109and ,609.342 to 609.3451, and 609.3453do
95.13 	not apply to sexual penetration or sexual contact when done for
95.14 	a bona fide medical purpose.

95.15 	EFFECTIVE DATE. This section is effective August 1, 2005,
95.16 	and applies to crimes committed on or after that date.

95.17 	Sec. 9. Minnesota Statutes 2004, section 609.353, is
95.18 	amended to read:
95.19 	609.353 JURISDICTION.
95.20 	A violation or attempted violation of section 609.342,
95.21 	609.343, 609.344, 609.345, 609.3451, 609.3453,or 609.352 may be
95.22 	prosecuted in any jurisdiction in which the violation originates
95.23 	or terminates.

95.24 	EFFECTIVE DATE. This section is effective August 1, 2005,
95.25 	and applies to crimes committed on or after that date.

95.26 	Sec. 10. Minnesota Statutes 2004, section 631.045, is
95.27 	amended to read:
95.28 	631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.
95.29 	At the trial of a complaint or indictment for a violation
95.30 	of sections 609.109, 609.341 to 609.3451, 609.3453,or 617.246,
95.31 	subdivision 2, when a minor under 18 years of age is the person
95.32 	upon, with, or against whom the crime is alleged to have been
95.33 	committed, the judge may exclude the public from the courtroom
95.34 	during the victim's testimony or during all or part of the
95.35 	remainder of the trial upon a showing that closure is necessary
95.36 	to protect a witness or ensure fairness in the trial.  The judge
96.1 	shall give the prosecutor, defendant and members of the public
96.2 	the opportunity to object to the closure before a closure order.
96.3 	The judge shall specify the reasons for closure in an order
96.4 	closing all or part of the trial.  Upon closure the judge shall
96.5 	only admit persons who have a direct interest in the case.

96.6 	EFFECTIVE DATE. This section is effective August 1, 2005,
96.7 	and applies to crimes committed on or after that date.

96.8 	Sec. 11. REVISOR INSTRUCTION.
 96.9 	(a) The revisor of statutes shall renumber Minnesota
96.10 	Statutes, section 609.3452, as Minnesota Statutes, section
96.11 	609.3457, and correct cross-references.  In addition, the
96.12 	revisor shall delete the reference in Minnesota Statutes,
96.13 	section 13.871, subdivision 3, paragraph (d), to Minnesota
96.14 	Statutes, section 609.3452, and insert a reference to Minnesota
96.15 	Statutes, section 609.3457.  The revisor shall include a
96.16 	notation in Minnesota Statutes to inform readers of the statutes
96.17 	of the renumbering of Minnesota Statutes, section 609.3457.
96.18 	(b) In addition to the specific changes described in
96.19 	paragraph (a), the revisor of statutes shall make other
96.20 	technical changes necessitated by this act.

96.21 	EFFECTIVE DATE. This section is effective August 1, 2005.

96.22 	ARTICLE 5
96.23 	HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY

96.24 	Section 1. Minnesota Statutes 2004, section 243.166,
96.25 	subdivision 7, is amended to read:
96.26 		Subd. 7.Use of information data.  Except as otherwise
96.27 	provided in subdivision 7a or sections 244.052 and 299C.093, the
96.28 	information data provided under this section is private data on
96.29 	individuals under section 13.02, subdivision 12.  The
96.30 	information data may be used only for law enforcement and
96.31 	corrections purposes. State-operated services, as defined in
96.32 	section 246.014, are also authorized to have access to the data
96.33 	for the purposes described in section 246.13, subdivision 2,
96.34 	paragraph (c).
96.35 	
EFFECTIVE DATE. This section is effective July 1, 2005.

96.36 	Sec. 2. Minnesota Statutes 2004, section 246.13, is
97.1 	amended to read:
97.2 	246.13  RECORD RECORDS OF PATIENTS AND RESIDENTS
97.3 	IN RECEIVING STATE-OPERATED SERVICES.
97.4 		Subdivision 1.Powers, duties, and authority of
97.5 	commissioner. (a) The commissioner of human services' office
97.6 	shall have, accessible only by consent of the commissioner or on
97.7 	the order of a judge or court of record, a record showing the
97.8 	residence, sex, age, nativity, occupation, civil condition, and
97.9 	date of entrance or commitment of every person, in the
97.10 	state-operated services facilities as defined under section
97.11 	246.014 under exclusive control of the commissioner; the date of
97.12 	discharge and whether such discharge was final; the condition of
97.13 	the person when the person left the state-operated services
97.14 	facility; the vulnerable adult abuse prevention associated with
97.15 	the person;and the date and cause of all deaths.  The record
97.16 	shall state every transfer from one state-operated services
97.17 	facility to another, naming each state-operated services
97.18 	facility.  This information shall be furnished to the
97.19 	commissioner of human services by each public agency, along with
97.20 	other obtainable facts as the commissioner may require.  When a
97.21 	patient or resident in a state-operated services facility is
97.22 	discharged, transferred, or dies, the head of the state-operated
97.23 	services facility or designee shall inform the commissioner of
97.24 	human services of these events within ten days on forms
97.25 	furnished by the commissioner.
97.26 	(b) The commissioner of human services shall cause to be
97.27 	devised, installed, and operated an adequate system of records
97.28 	and statistics which shall consist of all basic record forms,
97.29 	including patient personal records and medical record forms, and
97.30 	the manner of their use shall be precisely uniform throughout
97.31 	all state-operated services facilities.
97.32 		Subd. 2.Definitions; risk assessment and management. (a)
97.33 	As used in this section:
97.34 	(1) "appropriate and necessary medical and other records"
97.35 	includes patient medical records and other protected health
97.36 	information as defined by Code of Federal Regulations, title 45,
98.1 	section 164.501, relating to a patient in a state-operated
98.2 	services facility including, but not limited to, the patient's
98.3 	treatment plan and abuse prevention plan that is pertinent to
98.4 	the patient's ongoing care, treatment, or placement in a
98.5 	community-based treatment facility or a health care facility
98.6 	that is not operated by state-operated services, and includes
98.7 	information describing the level of risk posed by a patient when
98.8 	the patient enters such a facility;
98.9 	(2) "community-based treatment" means the community support
98.10 	services listed in section 253B.02, subdivision 4b;
98.11 	(3) "criminal history data" means those data maintained by
98.12 	the Departments of Corrections and Public Safety and by the
98.13 	supervisory authorities listed in section 13.84, subdivision 1,
98.14 	that relate to an individual's criminal history or propensity
98.15 	for violence; including data in the Corrections Offender
98.16 	Management System (COMS) and Statewide Supervision System (S3)
98.17 	maintained by the Department of Corrections; the Criminal
98.18 	Justice Information System (CJIS) and the Predatory Offender
98.19 	Registration (POR) system maintained by the Department of Public
98.20 	Safety; and the CriMNet system;
98.21 	(4) "designated agency" means the agency defined in section
98.22 	253B.02, subdivision 5;
98.23 	(5) "law enforcement agency" means the law enforcement
98.24 	agency having primary jurisdiction over the location where the
98.25 	offender expects to reside upon release;
98.26 	(6) "predatory offender" and "offender" mean a person who
98.27 	is required to register as a predatory offender under section
98.28 	243.166; and 
98.29 	(7) "treatment facility" means a facility as defined in
98.30 	section 253B.02, subdivision 19.
98.31 	(b) To promote public safety and for the purposes and
98.32 	subject to the requirements of paragraph (c), the commissioner
98.33 	or the commissioner's designee shall have access to, and may
98.34 	review and disclose, medical and criminal history data as
98.35 	provided by this section.
98.36 	(c) The commissioner or the commissioner's designee shall
99.1 	disseminate data to designated treatment facility staff, special
99.2 	review board members, and end-of-confinement review committee
99.3 	members in accordance with Minnesota Rules, part 1205.0400, to:
99.4 	(1) determine whether a patient is required under state law
99.5 	to register as a predatory offender according to section
99.6 	243.166;
99.7 	(2) facilitate and expedite the responsibilities of the
99.8 	special review board and end-of-confinement review committees by
99.9 	corrections institutions and state treatment facilities;
99.10 	(3) prepare, amend, or revise the abuse prevention plans
99.11 	required under section 626.557, subdivision 14, and individual
99.12 	patient treatment plans required under section 253B.03,
99.13 	subdivision 7;
99.14 	(4) facilitate changes of custody and transfers of
99.15 	individuals between the Department of Corrections and the
99.16 	Department of Human Services; and 
99.17 	(5) facilitate the exchange of data between the Department
99.18 	of Corrections, the Department of Human Services, and any of the
99.19 	supervisory authorities listed in section 13.84, regarding an
99.20 	individual under the authority of one or more of these entities.
99.21 	(d) If approved by the United States Department of Justice,
99.22 	the commissioner may have access to national criminal history
99.23 	information, through the Department of Public Safety, in support
99.24 	of the law enforcement function described in paragraph (c).  If
99.25 	approval of the United States Department of Justice is not
99.26 	obtained by the commissioner before July 1, 2007, the
99.27 	authorization in this paragraph sunsets on that date.
99.28 		Subd. 3.Community-based treatment and medical
99.29 	treatment. (a) When a patient under the care and supervision of
99.30 	state-operated services is released to a community-based
99.31 	treatment facility or facility that provides health care
99.32 	services, state-operated services may disclose all appropriate
99.33 	and necessary health and other information relating to the
99.34 	patient.
99.35 	(b) The information that must be provided to the designated
99.36 	agency, community-based treatment facility, or facility that
100.1 	provides health care services includes, but is not limited to,
100.2 	the patient's abuse prevention plan required under section
100.3 	626.557, subdivision 14, paragraph (b).
100.4 		Subd. 4.Predatory offender registration
100.5 	notification. (a) When a state-operated facility determines
100.6 	that a patient is required under section 243.166, subdivision 1,
100.7 	to register as a predatory offender or, under section 243.166,
100.8 	subdivision 4a, to provide notice of a change in status, the
100.9 	facility shall provide written notice to the patient of the
100.10 	requirement.
100.11 	(b) If the patient refuses, is unable, or lacks capacity to
100.12 	comply with the requirement described in paragraph (a) within
100.13 	five days after receiving the notification of the duty to
100.14 	comply, state-operated services staff shall obtain and disclose
100.15 	the necessary data to complete the registration form or change
100.16 	of status notification for the patient.  The treatment facility
100.17 	shall also forward the registration or change of status data
100.18 	that it completes to the Bureau of Criminal Apprehension and, as
100.19 	applicable, the patient's corrections agent and the law
100.20 	enforcement agency in the community in which the patient
100.21 	currently resides.  If, after providing notification, the
100.22 	patient refuses to comply with the requirements described in
100.23 	paragraph (a), the treatment facility shall also notify the
100.24 	county attorney in the county in which the patient is currently
100.25 	residing of the refusal.
100.26 	(c) The duties of state-operated services described in this
100.27 	subdivision do not relieve the patient of the ongoing individual
100.28 	duty to comply with the requirements of section 243.166.
100.29 		Subd. 5.Limitations on use of bloodborne pathogen test
100.30 	results. Sections 246.71, 246.711, 246.712, 246.713, 246.714,
100.31 	246.715, 246.716, 246.717, 246.718, 246.719, 246.72, 246.721,
100.32 	and 246.722 apply to state-operated services facilities.
100.33 	
EFFECTIVE DATE. This section is effective July 1, 2005.

100.34 	Sec. 3. Minnesota Statutes 2004, section 253B.18,
100.35 	subdivision 4a, is amended to read:
100.36 		Subd. 4a.Release on pass; notification.  A patient who
101.1 	has been committed as a person who is mentally ill and dangerous
101.2 	and who is confined at a secure treatment facility or has been
101.3 	transferred out of a state-operated services facility according
101.4 	to section 253B.18, subdivision 6,shall not be released on a
101.5 	pass unless the pass is part of a pass plan that has been
101.6 	approved by the medical director of the secure treatment
101.7 	facility.  The pass plan must have a specific therapeutic
101.8 	purpose consistent with the treatment plan, must be established
101.9 	for a specific period of time, and must have specific levels of
101.10 	liberty delineated.  The county case manager must be invited to
101.11 	participate in the development of the pass plan.  At least ten
101.12 	days prior to a determination on the plan, the medical director
101.13 	shall notify the designated agency, the committing court, the
101.14 	county attorney of the county of commitment, an interested
101.15 	person, the local law enforcement agency where the facility is
101.16 	located,the local law enforcement agency in the location where
101.17 	the pass is to occur, the petitioner, and the petitioner's
101.18 	counsel of the plan, the nature of the passes proposed, and
101.19 	their right to object to the plan.  If any notified person
101.20 	objects prior to the proposed date of implementation, the person
101.21 	shall have an opportunity to appear, personally or in writing,
101.22 	before the medical director, within ten days of the objection,
101.23 	to present grounds for opposing the plan.  The pass plan shall
101.24 	not be implemented until the objecting person has been furnished
101.25 	that opportunity.  Nothing in this subdivision shall be
101.26 	construed to give a patient an affirmative right to a pass plan.
101.27 	
EFFECTIVE DATE. This section is effective July 1, 2005.

101.28 	Sec. 4. Minnesota Statutes 2004, section 299C.093, is
101.29 	amended to read:
101.30 	299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
101.31 	The superintendent of the Bureau of Criminal Apprehension
101.32 	shall maintain a computerized data system relating to
101.33 	individuals required to register as predatory offenders under
101.34 	section 243.166.  To the degree feasible, the system must
101.35 	include the information data required to be provided under
101.36 	section 243.166, subdivisions 4 and 4a, and indicate the time
102.1 	period that the person is required to register.  The
102.2 	superintendent shall maintain this information data in a manner
102.3 	that ensures that it is readily available to law enforcement
102.4 	agencies.  This information data is private data on individuals
102.5 	under section 13.02, subdivision 12, but may be used for law
102.6 	enforcement and corrections purposes. State-operated services,
102.7 	as defined in section 246.014, are also authorized to have
102.8 	access to the data for the purposes described in section 246.13,
102.9 	subdivision 2, paragraph (c).

102.10 	EFFECTIVE DATE. This section is effective July 1, 2005.

102.11 	Sec. 5. Minnesota Statutes 2004, section 626.557,
102.12 	subdivision 14, is amended to read:
102.13 		Subd. 14.Abuse prevention plans.  (a) Each facility,
102.14 	except home health agencies and personal care attendant services
102.15 	providers, shall establish and enforce an ongoing written abuse
102.16 	prevention plan.  The plan shall contain an assessment of the
102.17 	physical plant, its environment, and its population identifying
102.18 	factors which may encourage or permit abuse, and a statement of
102.19 	specific measures to be taken to minimize the risk of abuse.
102.20 	The plan shall comply with any rules governing the plan
102.21 	promulgated by the licensing agency.
102.22 	(b) Each facility, including a home health care agency and
102.23 	personal care attendant services providers, shall develop an
102.24 	individual abuse prevention plan for each vulnerable adult
102.25 	residing there or receiving services from them.  The plan shall
102.26 	contain an individualized assessment of:  (1) the person's
102.27 	susceptibility to abuse by other individuals, including other
102.28 	vulnerable adults,; (2) the person's risk of abusing other
102.29 	vulnerable adults;and a statement (3) statements of the
102.30 	specific measures to be taken to minimize the risk of abuse to
102.31 	that person and other vulnerable adults.  For the purposes of
102.32 	this clause paragraph, the term "abuse" includes self-abuse.
102.33 	
EFFECTIVE DATE. This section is effective July 1, 2005.

102.34 	Sec. 6. REPEALER.
 102.35 	Minnesota Statutes 2004, section 246.017, subdivision 1, is
102.36 	repealed.

103.1 	EFFECTIVE DATE. This section is effective July 1, 2005.

103.2 	ARTICLE 6
103.3 	HUMAN SERVICES BACKGROUND STUDIES

103.4 	Section 1. Minnesota Statutes 2004, section 245C.13,
103.5 	subdivision 2, is amended to read:
103.6 		Subd. 2.Direct contact pending completion of background
103.7 	study. Unless otherwise specified, the subject of a background
103.8 	study may have direct contact with persons served by a program
103.9 	after the background study form is mailed or submitted to the
103.10 	commissioner pending notification of the study results under
103.11 	section 245C.17.The subject of a background study may not
103.12 	perform any activity requiring a background study under
103.13 	paragraph (b) until the commissioner has issued one of the
103.14 	notices under paragraph (a).
103.15 	(a) Notices from the commissioner required prior to
103.16 	activity under paragraph (b) include:
103.17 	(1) a notice of the study results under section 245C.17
103.18 	stating that:
103.19 	(i) the individual is not disqualified; or 
103.20 	(ii) more time is needed to complete the study but the
103.21 	individual is not required to be removed from direct contact or
103.22 	access to people receiving services prior to completion of the
103.23 	study as provided under section 245A.17, paragraph (c);
103.24 	(2) a notice that a disqualification has been set aside
103.25 	under section 245C.23; or 
103.26 	(3) a notice that a variance has been granted related to
103.27 	the individual under section 245C.30.
103.28 	(b) Activities prohibited prior to receipt of notice under
103.29 	paragraph (a) include:
103.30 	(1) being issued a license;
103.31 	(2) living in the household where the licensed program will
103.32 	be provided;
103.33 	(3) providing direct contact services to persons served by
103.34 	a program unless the subject is under continuous direct
103.35 	supervision; or 
103.36 	(4) having access to persons receiving services if the
104.1 	background study was completed under section 144.057,
104.2 	subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause
104.3 	(2), (5), or (6), unless the subject is under continuous direct
104.4 	supervision.

104.5 	Sec. 2. Minnesota Statutes 2004, section 245C.15,
104.6 	subdivision 1, is amended to read:
104.7 		Subdivision 1.Permanent disqualification.  (a) An
104.8 	individual is disqualified under section 245C.14 if:  (1)
104.9 	regardless of how much time has passed since the discharge of
104.10 	the sentence imposed for the offense; and (2) unless otherwise
104.11 	specified, regardless of the level of the conviction, the
104.12 	individual is convicted of any of the following offenses:
104.13 	sections 609.185 (murder in the first degree); 609.19 (murder in
104.14 	the second degree); 609.195 (murder in the third degree); 609.20
104.15 	(manslaughter in the first degree); 609.205 (manslaughter in the
104.16 	second degree); 609.221 or 609.222 (assault in the first or
104.17 	second degree); a felony offense under sections 609.2242 and
104.18 	609.2243 (domestic assault), spousal abuse, child abuse or
104.19 	neglect, or a crime against children; 609.228 (great bodily harm
104.20 	caused by distribution of drugs); 609.245 (aggravated robbery);
104.21 	609.25 (kidnapping); 609.2661 (murder of an unborn child in the
104.22 	first degree); 609.2662 (murder of an unborn child in the second
104.23 	degree); 609.2663 (murder of an unborn child in the third
104.24 	degree); 609.322 (solicitation, inducement, and promotion of
104.25 	prostitution); a felony offense under 609.324, subdivision 1
104.26 	(other prohibited acts); 609.342 (criminal sexual conduct in the
104.27 	first degree); 609.343 (criminal sexual conduct in the second
104.28 	degree); 609.344 (criminal sexual conduct in the third degree);
104.29 	609.345 (criminal sexual conduct in the fourth degree); 609.3451
104.30 	(criminal sexual conduct in the fifth degree); 609.3453
104.31 	(criminal sexual predatory conduct);609.352 (solicitation of
104.32 	children to engage in sexual conduct); 609.365 (incest); a
104.33 	felony offense under 609.377 (malicious punishment of a child);
104.34 	a felony offense under 609.378 (neglect or endangerment of a
104.35 	child); 609.561 (arson in the first degree); 609.66, subdivision
104.36 	1e (drive-by shooting); 609.749, subdivision 3, 4, or 5
105.1 	(felony-level harassment; stalking); 609.855, subdivision 5
105.2 	(shooting at or in a public transit vehicle or facility);
105.3 	617.246 (use of minors in sexual performance prohibited); or
105.4 	617.247 (possession of pictorial representations of minors).  An
105.5 	individual also is disqualified under section 245C.14 regardless
105.6 	of how much time has passed since the involuntary termination of
105.7 	the individual's parental rights under section 260C.301.
105.8 	(b) An individual's attempt or conspiracy to commit any of
105.9 	the offenses listed in paragraph (a), as each of these offenses
105.10 	is defined in Minnesota Statutes, permanently disqualifies the
105.11 	individual under section 245C.14.
105.12 	(c) An individual's offense in any other state or country,
105.13 	where the elements of the offense are substantially similar to
105.14 	any of the offenses listed in paragraph (a), permanently
105.15 	disqualifies the individual under section 245C.14.

105.16 	Sec. 3. Minnesota Statutes 2004, section 245C.17,
105.17 	subdivision 1, is amended to read:
105.18 		Subdivision 1.Time frame for notice of study results.
 105.19 	(a) Within 15 working days after the commissioner's receipt of
105.20 	the background study form, the commissioner shall notify the
105.21 	individual who is the subject of the study in writing or by
105.22 	electronic transmission of the results of the study or that more
105.23 	time is needed to complete the study.
105.24 	(b) Within 15 working days after the commissioner's receipt
105.25 	of the background study form submitted on paper, the
105.26 	commissioner shall notify the applicant, license holder, or
105.27 	other entity as provided in this chapter in writing or by
105.28 	electronic transmission of the results of the study or that more
105.29 	time is needed to complete the study.
105.30 	(c) Within three days after the commissioner's receipt of a
105.31 	request for a background study submitted through the
105.32 	commissioner's online system, the commissioner shall provide an
105.33 	electronic notification to the applicant, license holder, or
105.34 	other entity as provided in this chapter.  The electronic
105.35 	notification shall disclose the results of the study or that
105.36 	more time is needed to complete the study.
106.1 	(d) When the commissioner has completed a prior background
106.2 	study on an individual that resulted in an order for immediate
106.3 	removal and more time is necessary to complete a subsequent
106.4 	study, the notice that more time is needed that is issued under
106.5 	paragraphs (a), (b), and (c) shall include an order for
106.6 	immediate removal of the individual from any position allowing
106.7 	direct contact with or access to people receiving services
106.8 	pending completion of the background study.

106.9 	Sec. 4. Minnesota Statutes 2004, section 245C.17,
106.10 	subdivision 2, is amended to read:
106.11 		Subd. 2.Disqualification notice sent to subject.  (a) If
106.12 	the information in the study indicates the individual is
106.13 	disqualified from direct contact with, or from access to,
106.14 	persons served by the program, the commissioner shall disclose
106.15 	to the individual studied:
106.16 	(1) the information causing disqualification;
106.17 	(2) instructions on how to request a reconsideration of the
106.18 	disqualification; and 
106.19 	(3) an explanation of any restrictions on the
106.20 	commissioner's discretion to set aside the disqualification
106.21 	under section 245C.24, when applicable to the individual;
106.22 	(4) a statement indicating that if the individual's
106.23 	disqualification is set aside or the facility is granted a
106.24 	variance under section 245C.30, the individual's identity and
106.25 	the reason for the individual's disqualification will become
106.26 	public data under section 245C.22, subdivision 7, when
106.27 	applicable to the individual; and 
106.28 	(5) the commissioner's determination of the individual's
106.29 	immediate risk of harm under section 245C.16.
106.30 	(b) If the commissioner determines under section 245C.16
106.31 	that an individual poses an imminent risk of harm to persons
106.32 	served by the program where the individual will have direct
106.33 	contact, the commissioner's notice must include an explanation
106.34 	of the basis of this determination.
106.35 	(c) If the commissioner determines under section 245C.16
106.36 	that an individual studied does not pose a risk of harm that
107.1 	requires continuous, direct supervision, the commissioner shall
107.2 	only notify the individual of the disqualification immediate
107.3 	removal, the individual shall be informed of the conditions
107.4 	under which the agency that initiated the background study may
107.5 	allow the individual to provide direct contact services as
107.6 	provided under subdivision 3.

107.7 	Sec. 5. Minnesota Statutes 2004, section 245C.17,
107.8 	subdivision 3, is amended to read:
107.9 		Subd. 3.Disqualification notice sent to applicant,
107.10 	license holder, or other entity.  (a) The commissioner shall
107.11 	notify an applicant, license holder, or other entity as provided
107.12 	in this chapter who is not the subject of the study:
107.13 	(1) that the commissioner has found information that
107.14 	disqualifies the individual studied from direct contact with, or
107.15 	from access to, persons served by the program; and
107.16 	(2) the commissioner's determination of the individual's
107.17 	risk of harm under section 245C.16.
107.18 	(b) If the commissioner determines under section 245C.16
107.19 	that an individual studied poses an imminent risk of harm to
107.20 	persons served by the program where the individual studied will
107.21 	have direct contact, the commissioner shall order the license
107.22 	holder to immediately remove the individual studied from direct
107.23 	contact.
107.24 	(c) If the commissioner determines under section 245C.16
107.25 	that an individual studied poses a risk of harm that requires
107.26 	continuous, direct supervision, the commissioner shall order the
107.27 	applicant, license holder, or other entities as provided in this
107.28 	chapter to:
107.29 	(1) immediately remove the individual studied from direct
107.30 	contact services; or
107.31 	(2) before allowing the disqualified individual to provide
107.32 	direct contact services, the applicant, license holder, or other
107.33 	entity, as provided in this chapter, must:
107.34 	(i) obtain from the disqualified individual a copy of the
107.35 	individual's notice of disqualification from the commissioner
107.36 	that explains the reason for disqualification;
108.1 	(ii) assure ensure that the individual studied is under
108.2 	continuous, direct supervision when providing direct contact
108.3 	services during the period in which the individual may request a
108.4 	reconsideration of the disqualification under section 245C.21;
108.5 	and 
108.6 	(iii) ensure that the disqualified individual requests
108.7 	reconsideration within 30 days of receipt of the notice of
108.8 	disqualification.
108.9 	(d) If the commissioner determines under section 245C.16
108.10 	that an individual studied does not pose a risk of harm that
108.11 	requires continuous, direct supervision, the commissioner shall
108.12 	send the license holder a notice that more time is needed to
108.13 	complete the individual's background study order the applicant,
108.14 	license holder, or other entities as provided in this chapter to:
108.15 	(1) immediately remove the individual studied from direct
108.16 	contact services; or 
108.17 	(2) before allowing the disqualified individual to provide
108.18 	direct contact services, the applicant, license holder, or other
108.19 	entity as provided in this chapter must:
108.20 	(i) obtain from the disqualified individual a copy of the
108.21 	individual's notice of disqualification from the commissioner
108.22 	that explains the reason for disqualification; and 
108.23 	(ii) ensure that the disqualified individual requests
108.24 	reconsideration within 15 days of receipt of the notice of
108.25 	disqualification.
108.26 	(e) The commissioner shall not notify the applicant,
108.27 	license holder, or other entity as provided in this chapter of
108.28 	the information contained in the subject's background study
108.29 	unless:
108.30 	(1) the basis for the disqualification is failure to
108.31 	cooperate with the background study or substantiated
108.32 	maltreatment under section 626.556 or 626.557;
108.33 	(2) the Data Practices Act under chapter 13 provides for
108.34 	release of the information; or
108.35 	(3) the individual studied authorizes the release of the
108.36 	information.

109.1 	Sec. 6. Minnesota Statutes 2004, section 245C.22, is
109.2 	amended by adding a subdivision to read:
109.3 		Subd. 7.Classification of certain data as public or
109.4 	private. (a) Notwithstanding section 13.46, upon setting aside
109.5 	a disqualification under this section, the identity of the
109.6 	disqualified individual who received the set aside and the
109.7 	individual's disqualifying characteristics are public data if
109.8 	the set aside was:
109.9 	(1) for any disqualifying characteristic under section
109.10 	245C.15, when the set aside relates to a child care center or a
109.11 	family child care provider licensed under chapter 245A; or 
109.12 	(2) for a disqualifying characteristic under section
109.13 	245C.15, subdivision 2.
109.14 	(b) Notwithstanding section 13.46, upon granting a variance
109.15 	to a license holder under section 245C.30, the identity of the
109.16 	disqualified individual who is the subject of the variance, the
109.17 	individual's disqualifying characteristics under section
109.18 	245C.15, and the terms of the variance are public data, when the
109.19 	variance:
109.20 	(1) is issued to a child care center or a family child care
109.21 	provider licensed under chapter 245A; or 
109.22 	(2) relates to an individual with a disqualifying
109.23 	characteristic under section 245C.15, subdivision 2.
109.24 	(c) The identity of a disqualified individual and the
109.25 	reason for disqualification remain private data when:
109.26 	(1) a disqualification is not set aside and no variance is
109.27 	granted;
109.28 	(2) the data are not public under paragraph (a) or (b); or 
109.29 	(3) the disqualification is rescinded because the
109.30 	information relied upon to disqualify the individual is
109.31 	incorrect.
109.32 	(d) Licensed family day care providers and child care
109.33 	centers must notify parents considering enrollment of a child or
109.34 	parents of a child attending the family day care or child care
109.35 	center if the program employs or has living in the home any
109.36 	individual who is the subject of either a set aside or variance.

110.1 	Sec. 7. Minnesota Statutes 2004, section 245C.24,
110.2 	subdivision 2, is amended to read:
110.3 		Subd. 2.Permanent bar to set aside of a 
110.4 	disqualification.  The commissioner may not set aside the
110.5 	disqualification of an individual in connection with a
110.6 	license to provide family child care for children, foster care
110.7 	for children in the provider's home, or foster care or day care
110.8 	services for adults in the provider's home,issued or in
110.9 	application status under chapter 245A,regardless of how much
110.10 	time has passed, if the provider was disqualified for a crime or
110.11 	conduct listed in section 245C.15, subdivision 1.

110.12 	ARTICLE 7
110.13 	METHAMPHETAMINE PROVISIONS

110.14 	Section 1. [35.051] EPHEDRINE AND PSEUDOEPHEDRINE
110.15 	PRODUCTS.
110.16 		Subdivision 1.Prescription required. Drugs and products
110.17 	for any species of animal that contain ephedrine or
110.18 	pseudoephedrine require a written prescription from a
110.19 	veterinarian to be sold or distributed for lay use.
110.20 		Subd. 2.Sale and purchase restrictions. A drug or
110.21 	product for any species of animal containing ephedrine or
110.22 	pseudoephedrine may only be dispensed, sold, or distributed by a
110.23 	veterinarian or a veterinary assistant under the supervision or
110.24 	direction of a veterinarian.  A person who is not a veterinarian
110.25 	may not purchase a drug or product for animal consumption
110.26 	containing ephedrine or pseudoephedrine without a prescription.
110.27 	
EFFECTIVE DATE. This section is effective on the 30th day
110.28 	following final enactment, and applies to crimes committed on or
110.29 	after that date.

110.30 	Sec. 2. Minnesota Statutes 2004, section 152.01,
110.31 	subdivision 10, is amended to read:
110.32 		Subd. 10.Narcotic drug.  "Narcotic drug" means any of
110.33 	the following, whether produced directly or indirectly by
110.34 	extraction from substances of vegetable origin, or independently
110.35 	by means of chemical synthesis, or by a combination of
110.36 	extraction and chemical synthesis:
111.1 	(1) opium, coca leaves, and opiates, and methamphetamine;
111.2 	(2) a compound, manufacture, salt, derivative, or
111.3 	preparation of opium, coca leaves, or opiates, or
111.4 	methamphetamine;
111.5 	(3) a substance, and any compound, manufacture, salt,
111.6 	derivative, or preparation thereof, which is chemically
111.7 	identical with any of the substances referred to in clauses (1)
111.8 	and (2), except that the words "narcotic drug" as used in this
111.9 	chapter shall not include decocainized coca leaves or extracts
111.10 	of coca leaves, which extracts do not contain cocaine or
111.11 	ecgonine.
111.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
111.13 	and applies to crimes committed on or after that date.

111.14 	Sec. 3. Minnesota Statutes 2004, section 152.02,
111.15 	subdivision 6, is amended to read:
111.16 		Subd. 6.Schedule v; restrictions on methamphetamine
111.17 	precursor drugs. (a) As used in this subdivision, the following
111.18 	terms have the meanings given:
111.19 	(1) "methamphetamine precursor drug" means any compound,
111.20 	mixture, or preparation intended for human consumption
111.21 	containing ephedrine or pseudoephedrine as its sole active
111.22 	ingredient or as one of its active ingredients; and 
111.23 	(2) "over-the-counter sale" means a retail sale of a drug
111.24 	or product but does not include the sale of a drug or product
111.25 	pursuant to the terms of a valid prescription.
111.26 	(b) The following items are listed in Schedule V:
111.27 	(1) any compound, mixture, or preparation containing any of
111.28 	the following limited quantities of narcotic drugs, which shall
111.29 	include one or more nonnarcotic active medicinal ingredients in
111.30 	sufficient proportion to confer upon the compound, mixture or
111.31 	preparation valuable medicinal qualities other than those
111.32 	possessed by the narcotic drug alone;:
111.33 	(1) (i) not more than 100 milligrams of dihydrocodeine per
111.34 	100 milliliters or per 100 grams.;
111.35 	(2) (ii) not more than 100 milligrams of ethylmorphine per
111.36 	100 milliliters or per 100 grams.;
112.1 	(3) (iii) not more than 2.5 milligrams of diphenoxylate and
112.2 	not less than 25 micrograms of atropine sulfate per dosage
112.3 	unit.; or 
112.4 	(4) (iv) not more than 15 milligrams of anhydrous morphine
112.5 	per 100 milliliters or per 100 grams; and 
112.6 	(2) any compound, mixture, or preparation containing
112.7 	ephedrine or pseudoephedrine as its sole active ingredient or as
112.8 	one of its active ingredients.
112.9 	(c) No person may sell in a single over-the-counter sale
112.10 	more than two packages of a methamphetamine precursor drug or a
112.11 	combination of methamphetamine precursor drugs or any
112.12 	combination of packages exceeding a total weight of six grams.
112.13 	(d) Over-the-counter sales of methamphetamine precursor
112.14 	drugs are limited to:
112.15 	(1) packages containing not more than a total of three
112.16 	grams of one or more methamphetamine precursor drugs, calculated
112.17 	in terms of ephedrine base or pseudoephedrine base; or 
112.18 	(2) for nonliquid products, sales in blister packs, where
112.19 	each blister contains not more than two dosage units, or, if the
112.20 	use of blister packs is not technically feasible, sales in unit
112.21 	dose packets or pouches.
112.22 	(e) A business establishment that offers for sale
112.23 	methamphetamine precursor drugs in an over-the-counter sale
112.24 	shall ensure that all packages of the drugs are displayed behind
112.25 	a checkout counter where the public is not permitted and are
112.26 	offered for sale only by a licensed pharmacist, a registered
112.27 	pharmacy technician, or a pharmacy clerk.  The establishment
112.28 	shall ensure that the person making the sale requires the buyer:
112.29 	(1) to provide photographic identification showing the
112.30 	buyer's date of birth; and 
112.31 	(2) to sign a written or electronic document detailing the
112.32 	date of the sale, the name of the buyer, and the amount of the
112.33 	drug sold.  Nothing in this paragraph requires the buyer to
112.34 	obtain a prescription for the drug's purchase.
112.35 	(f) No person may acquire through over-the-counter sales
112.36 	more than six grams of methamphetamine precursor drugs within a
113.1 	30-day period.
113.2 	(g) No person may sell in an over-the-counter sale a
113.3 	methamphetamine precursor drug to a person under the age of 18
113.4 	years.  It is an affirmative defense to a charge under this
113.5 	paragraph if the defendant proves by a preponderance of the
113.6 	evidence that the defendant reasonably and in good faith relied
113.7 	on proof of age as described in section 340A.503, subdivision 6.
113.8 	(h) A person who knowingly violates paragraph (c), (d),
113.9 	(e), (f), or (g) is guilty of a misdemeanor and may be sentenced
113.10 	to imprisonment for not more than 90 days, or to payment of a
113.11 	fine of not more than $1,000, or both.
113.12 	(i) An owner, operator, supervisor, or manager of a
113.13 	business establishment that offers for sale methamphetamine
113.14 	precursor drugs whose employee or agent is convicted of or
113.15 	charged with violating paragraph (c), (d), (e), (f), or (g) is
113.16 	not subject to the criminal penalties for violating any of those
113.17 	paragraphs if the person:
113.18 	(1) did not have prior knowledge of, participate in, or
113.19 	direct the employee or agent to commit the violation; and 
113.20 	(2) documents that an employee training program was in
113.21 	place to provide the employee or agent with information on the
113.22 	state and federal laws and regulations regarding methamphetamine
113.23 	precursor drugs.
113.24 	(j) Any person employed by a business establishment that
113.25 	offers for sale methamphetamine precursor drugs who sells such a
113.26 	drug to any person in a suspicious transaction shall report the
113.27 	transaction to the owner, supervisor, or manager of the
113.28 	establishment.  The owner, supervisor, or manager may report the
113.29 	transaction to local law enforcement.  A person who reports
113.30 	information under this subdivision in good faith is immune from
113.31 	civil liability relating to the report.
113.32 	(k) Paragraphs (c) to (j) do not apply to:
113.33 	(1) pediatric products labeled pursuant to federal
113.34 	regulation primarily intended for administration to children
113.35 	under 12 years of age according to label instructions;
113.36 	(2) methamphetamine precursor drugs that are certified by
114.1 	the Board of Pharmacy as being manufactured in a manner that
114.2 	prevents the drug from being used to manufacture
114.3 	methamphetamine;
114.4 	(3) methamphetamine precursor drugs in gel capsule or
114.5 	liquid form; or 
114.6 	(4) compounds, mixtures, or preparations in powder form
114.7 	where pseudoephedrine constitutes less than one percent of its
114.8 	total weight and is not its sole active ingredient.
114.9 	(l) The Board of Pharmacy, in consultation with the
114.10 	Department of Public Safety, shall certify methamphetamine
114.11 	precursor drugs that meet the requirements of paragraph (k),
114.12 	clause (2), and publish an annual listing of these drugs.
114.13 	(m) Wholesale drug distributors licensed and regulated by
114.14 	the Board of Pharmacy pursuant to sections 151.42 to 151.51 and
114.15 	registered with and regulated by the United States Drug
114.16 	Enforcement Administration are exempt from the methamphetamine
114.17 	precursor drug storage requirements of this section.
114.18 	(n) This section preempts all local ordinances or
114.19 	regulations governing the sale by a business establishment of
114.20 	over-the-counter products containing ephedrine or
114.21 	pseudoephedrine.  All ordinances enacted prior to the effective
114.22 	date of this act are void.
114.23 	
EFFECTIVE DATE. This section is effective July 1, 2005,
114.24 	and applies to crimes committed on or after that date.

114.25 	Sec. 4. Minnesota Statutes 2004, section 152.02, is
114.26 	amended by adding a subdivision to read:
114.27 		Subd. 8a.Methamphetamine precursors. The State Board of
114.28 	Pharmacy may, by order, require that non-prescription ephedrine
114.29 	or pseudophedrine products sold in gel capsule or liquid form be
114.30 	subject to the sale restrictions established in subdivision 6
114.31 	for methamphetamine precursor drugs, if the board concludes that
114.32 	ephedrine or pseudophedrine products in gel capsule or liquid
114.33 	form can be used to manufacture methamphetamine.  In assessing
114.34 	the need for an order under this subdivision, the board shall
114.35 	consult at least annually with the advisory council on
114.36 	controlled substances, the commissioner of public safety, and
115.1 	the commissioner of health.
115.2 	
EFFECTIVE DATE. This section is effective August 1, 2005.

115.3 	Sec. 5. Minnesota Statutes 2004, section 152.021,
115.4 	subdivision 2a, is amended to read:
115.5 		Subd. 2a.methamphetamine manufacture crimes crime;
115.6 	possession of substances with intent to manufacture
115.7 	methamphetamine crime.  (a) Notwithstanding subdivision 1,
115.8 	sections 152.022, subdivision 1, 152.023, subdivision 1, and
115.9 	152.024, subdivision 1, a person is guilty of controlled
115.10 	substance crime in the first degree if the person manufactures
115.11 	any amount of methamphetamine.
115.12 	(b) Notwithstanding paragraph (a) and section 609.17,A
115.13 	person is guilty of attempted manufacture of methamphetamine a
115.14 	crime if the person possesses any chemical reagents or
115.15 	precursors with the intent to manufacture methamphetamine.  As
115.16 	used in this section, "chemical reagents or precursors" refers
115.17 	to one or more includes any of the following substances, or any
115.18 	similar substances that can be used to manufacture
115.19 	methamphetamine,or their the salts, isomers, and salts of
115.20 	isomers of a listed or similar substance:
115.21 	(1) ephedrine;
115.22 	(2) pseudoephedrine;
115.23 	(3) phenyl-2-propanone;
115.24 	(4) phenylacetone;
115.25 	(5) anhydrous ammonia, as defined in section 18C.005,
115.26 	subdivision 1a;
115.27 	(6) organic solvents;
115.28 	(7) hydrochloric acid;
115.29 	(8) lithium metal;
115.30 	(9) sodium metal;
115.31 	(10) ether;
115.32 	(11) sulfuric acid;
115.33 	(12) red phosphorus;
115.34 	(13) iodine;
115.35 	(14) sodium hydroxide;
115.36 	(15) benzaldehyde;
116.1 	(16) benzyl methyl ketone;
116.2 	(17) benzyl cyanide;
116.3 	(18) nitroethane;
116.4 	(19) methylamine;
116.5 	(20) phenylacetic acid;
116.6 	(21) hydriodic acid; or
116.7 	(22) hydriotic acid.
116.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
116.9 	and applies to crimes committed on or after that date.

116.10 	Sec. 6. Minnesota Statutes 2004, section 152.021,
116.11 	subdivision 3, is amended to read:
116.12 		Subd. 3.Penalty.  (a) A person convicted under
116.13 	subdivisions 1 to 2a, paragraph (a), may be sentenced to
116.14 	imprisonment for not more than 30 years or to payment of a fine
116.15 	of not more than $1,000,000, or both; a person convicted under
116.16 	subdivision 2a, paragraph (b), may be sentenced to imprisonment
116.17 	for not more than three ten years or to payment of a fine of not
116.18 	more than $5,000 $20,000, or both.
116.19 	(b) If the conviction is a subsequent controlled substance
116.20 	conviction, a person convicted under subdivisions 1 to 2a,
116.21 	paragraph (a), shall be committed to the commissioner of
116.22 	corrections for not less than four years nor more than 40 years
116.23 	and, in addition, may be sentenced to payment of a fine of not
116.24 	more than $1,000,000; a person convicted under subdivision 2a,
116.25 	paragraph (b), may be sentenced to imprisonment for not more
116.26 	than four 15 years or to payment of a fine of not more than
116.27 	$5,000 $30,000, or both.
116.28 	(c) In a prosecution under subdivision 1 involving sales by
116.29 	the same person in two or more counties within a 90-day period,
116.30 	the person may be prosecuted for all of the sales in any county
116.31 	in which one of the sales occurred.
116.32 	
EFFECTIVE DATE. This section is effective August 1, 2005,
116.33 	and applies to crimes committed on or after that date.

116.34 	Sec. 7. Minnesota Statutes 2004, section 152.027,
116.35 	subdivision 1, is amended to read:
116.36 		Subdivision 1.Sale of schedule v controlled substance.
 117.1 	Except as provided in section 152.02, subdivision 6,a person
117.2 	who unlawfully sells one or more mixtures containing a
117.3 	controlled substance classified in schedule V may be sentenced
117.4 	to imprisonment for not more than one year or to payment of a
117.5 	fine of not more than $3,000, or both.
117.6 	
EFFECTIVE DATE. This section is effective July 1, 2005,
117.7 	and applies to crimes committed on or after that date.

117.8 	Sec. 8. Minnesota Statutes 2004, section 152.027,
117.9 	subdivision 2, is amended to read:
117.10 		Subd. 2.Possession of schedule v controlled substance.
 117.11 	Except as provided in section 152.02, subdivision 6,a person
117.12 	who unlawfully possesses one or more mixtures containing a
117.13 	controlled substance classified in schedule V may be sentenced
117.14 	to imprisonment for not more than one year or to payment of a
117.15 	fine of not more than $3,000, or both.  The court may order that
117.16 	a person who is convicted under this subdivision and placed on
117.17 	probation be required to take part in a drug education program
117.18 	as specified by the court.
117.19 	
EFFECTIVE DATE. This section is effective July 1, 2005,
117.20 	and applies to crimes committed on or after that date.

117.21 	Sec. 9. [152.0275] CERTAIN CONTROLLED SUBSTANCE OFFENSES;
117.22 	RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.
117.23 		Subdivision 1.Restitution. (a) As used in this
117.24 	subdivision:
117.25 	(1) "clandestine lab site" means any structure or
117.26 	conveyance or outdoor location occupied or affected by
117.27 	conditions or chemicals typically associated with the
117.28 	manufacturing of methamphetamine;
117.29 	(2) "emergency response" includes, but is not limited to,
117.30 	removing and collecting evidence, securing the site, removal,
117.31 	remediation, and hazardous chemical assessment or inspection of
117.32 	the site where the relevant offense or offenses took place,
117.33 	regardless of whether these actions are performed by the public
117.34 	entities themselves or by private contractors paid by the public
117.35 	entities, or the property owner;
117.36 	(3) "remediation" means proper cleanup, treatment, or
118.1 	containment of hazardous substances or methamphetamine at or in
118.2 	a clandestine lab site, and may include demolition or disposal
118.3 	of structures or other property when an assessment so indicates;
118.4 	and 
118.5 	(4) "removal" means the removal from the clandestine lab
118.6 	site of precursor or waste chemicals, chemical containers, or
118.7 	equipment associated with the manufacture, packaging, or storage
118.8 	of illegal drugs.
118.9 	(b) A court may require a person convicted of manufacturing
118.10 	or attempting to manufacture a controlled substance or of an
118.11 	illegal activity involving a precursor substance, where the
118.12 	response to the crime involved an emergency response, to pay
118.13 	restitution to all public entities that participated in the
118.14 	response.  The restitution ordered may cover the reasonable
118.15 	costs of their participation in the response.
118.16 	(c) In addition to the restitution authorized in paragraph
118.17 	(b), a court may require a person convicted of manufacturing or
118.18 	attempting to manufacture a controlled substance or of illegal
118.19 	activity involving a precursor substance to pay restitution to a
118.20 	property owner who incurred removal or remediation costs because
118.21 	of the crime.
118.22 		Subd. 2.Property-related prohibitions; notice; web
118.23 	site. (a) As used in this subdivision:
118.24 	(1) "clandestine lab site" has the meaning given in
118.25 	subdivision 1, paragraph (a);
118.26 	(2) "property" means publicly or privately owned real
118.27 	property including buildings and other structures, motor
118.28 	vehicles as defined in section 609.487, subdivision 2a, public
118.29 	waters, and public rights-of-way;
118.30 	(3) "remediation" has the meaning given in subdivision 1,
118.31 	paragraph (a); and 
118.32 	(4) "removal" has the meaning given in subdivision 1,
118.33 	paragraph (a).
118.34 	(b) A peace officer who arrests a person at a clandestine
118.35 	lab site shall notify the appropriate county or local health
118.36 	department, state duty officer, and child protection services of
119.1 	the arrest and the location of the site.
119.2 	(c) A county or local health department or sheriff shall
119.3 	order that any property or portion of a property that has been
119.4 	found to be a clandestine lab site and contaminated by
119.5 	substances, chemicals, or items of any kind used in the
119.6 	manufacture of methamphetamine or any part of the manufacturing
119.7 	process, or the by-products or degradates of manufacturing
119.8 	methamphetamine be prohibited from being occupied or used until
119.9 	it has been assessed and remediated as provided in the
119.10 	Department of Health's clandestine drug labs general cleanup
119.11 	guidelines.  The remediation shall be accomplished by a
119.12 	contractor who will make the verification required under
119.13 	paragraph (e).
119.14 	(d) Unless clearly inapplicable, the procedures specified
119.15 	in chapter 145A and any related rules adopted under that chapter
119.16 	addressing the enforcement of public health laws, the removal
119.17 	and abatement of public health nuisances, and the remedies
119.18 	available to property owners or occupants apply to this
119.19 	subdivision.
119.20 	(e) Upon the proper removal and remediation of any property
119.21 	used as a clandestine lab site, the contractor shall verify to
119.22 	the property owner and the applicable authority that issued the
119.23 	order under paragraph (c) that the work was completed according
119.24 	to the Department of Health's clandestine drug labs general
119.25 	cleanup guidelines and best practices.  The contractor shall
119.26 	provide the verification to the property owner and the
119.27 	applicable authority within five days from the completion of the
119.28 	remediation.  Following this, the applicable authority shall
119.29 	vacate its order.
119.30 	(f) If a contractor issues a verification and the property
119.31 	was not remediated according to the Department of Health's
119.32 	clandestine drug labs general cleanup guidelines, the contractor
119.33 	is liable to the property owner for the additional costs
119.34 	relating to the proper remediation of the property according to
119.35 	the guidelines and for reasonable attorney fees for collection
119.36 	of costs by the property owner.  An action under this paragraph
120.1 	must be commenced within six years from the date on which the
120.2 	verification was issued by the contractor.
120.3 	(g) If the applicable authority determines under paragraph
120.4 	(c) that a motor vehicle has been contaminated by substances,
120.5 	chemicals, or items of any kind used in the manufacture of
120.6 	methamphetamine or any part of the manufacturing process, or the
120.7 	by-products or degradates of manufacturing methamphetamine and
120.8 	if the authority is able to obtain the certificate of title for
120.9 	the motor vehicle, the authority shall notify the registrar of
120.10 	motor vehicles of this fact and in addition, forward the
120.11 	certificate of title to the registrar.  The authority shall also
120.12 	notify the registrar when it vacates its order under paragraph
120.13 	(e).
120.14 	(h) The applicable authority issuing an order under
120.15 	paragraph (c) shall record with the county recorder or registrar
120.16 	of titles of the county where the clandestine lab is located an
120.17 	affidavit containing the name of the owner, a legal description
120.18 	of the property where the clandestine lab was located, and a map
120.19 	drawn from available information showing the boundary of the
120.20 	property and the location of the contaminated area on the
120.21 	property that is prohibited from being occupied or used that
120.22 	discloses to any potential transferee:
120.23 	(1) that the property, or portion of the property, was the
120.24 	site of a clandestine lab;
120.25 	(2) the location, condition, and circumstances of the
120.26 	clandestine lab, to the full extent known or reasonably
120.27 	ascertainable; and 
120.28 	(3) that the use of the property or some portion of it may
120.29 	be restricted as provided by paragraph (c).
120.30 	If an inaccurate drawing or description is filed, the authority,
120.31 	on request of the owner or another interested person, shall file
120.32 	a supplemental affidavit with a corrected drawing or description.
120.33 	If the authority vacates its order under paragraph (e), the
120.34 	authority shall record an affidavit that contains the recording
120.35 	information of the above affidavit and states that the order is
120.36 	vacated.  Upon filing the affidavit vacating the order, the
121.1 	affidavit and the affidavit filed under this paragraph, together
121.2 	with the information set forth in the affidavits, cease to
121.3 	constitute either actual or constructive notice.
121.4 	(i) If proper removal and remediation has occurred on the
121.5 	property, an interested party may record an affidavit indicating
121.6 	that this has occurred.  Upon filing the affidavit described in
121.7 	this paragraph, the affidavit and the affidavit filed under
121.8 	paragraph (g), together with the information set forth in the
121.9 	affidavits, cease to constitute either actual or constructive
121.10 	notice.  Failure to record an affidavit under this section does
121.11 	not affect or prevent any transfer of ownership of the property.
121.12 	(j) The county recorder or registrar of titles must record
121.13 	all affidavits presented under paragraph (g) or (h) in a manner
121.14 	that assures their disclosure in the ordinary course of a title
121.15 	search of the subject property.
121.16 	(k) The commissioner of health shall post on the Internet
121.17 	contact information for each local community health services
121.18 	administrator.
121.19 	(l) Each local community health services administrator
121.20 	shall maintain information related to property within the
121.21 	administrator's jurisdiction that is currently or was previously
121.22 	subject to an order issued under paragraph (c).  The information
121.23 	maintained must include the name of the owner, the location of
121.24 	the property, the extent of the contamination, the status of the
121.25 	removal and remediation work on the property, and whether the
121.26 	order has been vacated.  The administrator shall make this
121.27 	information available to the public either upon request or by
121.28 	other means.
121.29 	(m) Before signing an agreement to sell or transfer real
121.30 	property, the seller or transferor must disclose in writing to
121.31 	the buyer or transferee if, to the seller's or transferor's
121.32 	knowledge, methamphetamine production has occurred on the
121.33 	property.  If methamphetamine production has occurred on the
121.34 	property, the disclosure shall include a statement to the buyer
121.35 	or transferee informing the buyer or transferee:
121.36 	(1) whether an order has been issued on the property as
122.1 	described in paragraph (c);
122.2 	(2) whether any orders issued against the property under
122.3 	paragraph (c) have been vacated under paragraph (i); or 
122.4 	(3) if there was no order issued against the property and
122.5 	the seller or transferor is aware that methamphetamine
122.6 	production has occurred on the property, the status of removal
122.7 	and remediation on the property.
122.8 	(n) Unless the buyer or transferee and seller or transferor
122.9 	agree to the contrary in writing before the closing of the sale,
122.10 	a seller or transferor who fails to disclose, to the best of
122.11 	their knowledge, at the time of sale any of the facts required,
122.12 	and who knew or had reason to know of methamphetamine production
122.13 	on the property, is liable to the buyer or transferee for:
122.14 	(1) costs relating to remediation of the property according
122.15 	to the Department of Health's clandestine drug labs general
122.16 	cleanup guidelines and best practices; and 
122.17 	(2) reasonable attorney fees for collection of costs from
122.18 	the seller or transferor.
122.19 	An action under this paragraph must be commenced within six
122.20 	years after the date on which the buyer or transferee closed the
122.21 	purchase or transfer of the real property where the
122.22 	methamphetamine production occurred.
122.23 	(o) This section preempts all local ordinances relating to
122.24 	the sale or transfer of real property designated as a
122.25 	clandestine lab site.
122.26 	
EFFECTIVE DATE. This section is effective January 1,
122.27 	2006, and applies to crimes committed on or after that date.

122.28 	Sec. 10. Minnesota Statutes 2004, section 152.135,
122.29 	subdivision 2, is amended to read:
122.30 		Subd. 2.Exceptions.  (a) A drug product containing
122.31 	ephedrine, its salts, optical isomers, and salts of optical
122.32 	isomers is exempt from subdivision 1 if the drug product:
122.33 	(1) may be lawfully sold over the counter without a
122.34 	prescription under the federal Food, Drug, and Cosmetic Act,
122.35 	United States Code, title 21, section 321, et seq.;
122.36 	(2) is labeled and marketed in a manner consistent with the
123.1 	pertinent OTC Tentative Final or Final Monograph;
123.2 	(3) is manufactured and distributed for legitimate
123.3 	medicinal use in a manner that reduces or eliminates the
123.4 	likelihood of abuse;
123.5 	(4) is not marketed, advertised, or labeled for the
123.6 	indication of stimulation, mental alertness, weight loss, muscle
123.7 	enhancement, appetite control, or energy; and 
123.8 	(5) is in solid oral dosage forms, including soft gelatin
123.9 	caplets, that combine 400 milligrams of guaifenesin and 25
123.10 	milligrams of ephedrine per dose, according to label
123.11 	instructions; or is an anorectal preparation containing not more
123.12 	than five percent ephedrine; and 
123.13 	(6) is sold in a manner that does not conflict with section
123.14 	152.02, subdivision 6.
123.15 	(b) Subdivisions 1 and 3 shall not apply to products
123.16 	containing ephedra or ma huang and lawfully marketed as dietary
123.17 	supplements under federal law.
123.18 	
EFFECTIVE DATE. This section is effective on the 30th day
123.19 	following final enactment, and applies to crimes committed on or
123.20 	after that date.

123.21 	Sec. 11. [152.136] ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
123.22 	CRIMINAL PENALTIES; CIVIL LIABILITY.
123.23 		Subdivision 1.Definitions. As used in this section,
123.24 	"tamper" means action taken by a person not authorized to take
123.25 	that action by law or by the owner or authorized custodian of an
123.26 	anhydrous ammonia container or of equipment where anhydrous
123.27 	ammonia is used, stored, distributed, or transported.
123.28 		Subd. 2.Prohibited conduct. (a) A person may not:
123.29 	(1) steal or unlawfully take or carry away any amount of
123.30 	anhydrous ammonia;
123.31 	(2) purchase, possess, transfer, or distribute any amount
123.32 	of anhydrous ammonia, knowing, or having reason to know, that it
123.33 	will be used to unlawfully manufacture a controlled substance;
123.34 	(3) place, have placed, or possess anhydrous ammonia in a
123.35 	container that is not designed, constructed, maintained, and
123.36 	authorized to contain or transport anhydrous ammonia;
124.1 	(4) transport anhydrous ammonia in a container that is not
124.2 	designed, constructed, maintained, and authorized to transport
124.3 	anhydrous ammonia;
124.4 	(5) use, deliver, receive, sell, or transport a container
124.5 	designed and constructed to contain anhydrous ammonia without
124.6 	the express consent of the owner or authorized custodian of the
124.7 	container; or 
124.8 	(6) tamper with any equipment or facility used to contain,
124.9 	store, or transport anhydrous ammonia.
124.10 	(b) For the purposes of this subdivision, containers
124.11 	designed and constructed for the storage and transport of
124.12 	anhydrous ammonia are described in rules adopted under section
124.13 	18C.121, subdivision 1, or in Code of Federal Regulations, title
124.14 	49.
124.15 		Subd. 3.No cause of action. (a) Except as provided in
124.16 	paragraph (b), a person tampering with anhydrous ammonia
124.17 	containers or equipment under subdivision 2 shall have no cause
124.18 	of action for damages arising out of the tampering against:
124.19 	(1) the owner or lawful custodian of the container or
124.20 	equipment;
124.21 	(2) a person responsible for the installation or
124.22 	maintenance of the container or equipment; or 
124.23 	(3) a person lawfully selling or offering for sale the
124.24 	anhydrous ammonia.
124.25 	(b) Paragraph (a) does not apply to a cause of action
124.26 	against a person who unlawfully obtained the anhydrous ammonia
124.27 	or anhydrous ammonia container or who possesses the anhydrous
124.28 	ammonia or anhydrous ammonia container for any unlawful purpose.
124.29 		Subd. 4.Criminal penalty. A person who knowingly
124.30 	violates subdivision 2 is guilty of a felony and may be
124.31 	sentenced to imprisonment for not more than five years or to
124.32 	payment of a fine of not more than $50,000, or both.
124.33 	
EFFECTIVE DATE. This section is effective August 1, 2005,
124.34 	and applies to crimes committed on or after that date.

124.35 	Sec. 12. [152.137] METHAMPHETAMINE-RELATED CRIMES
124.36 	INVOLVING CHILDREN AND VULNERABLE ADULTS.
125.1 		Subdivision 1.Definitions. (a) As used in this section,
125.2 	the following terms have the meanings given.
125.3 	(b) "Chemical substance" means a substance intended to be
125.4 	used as a precursor in the manufacture of methamphetamine or any
125.5 	other chemical intended to be used in the manufacture of
125.6 	methamphetamine.
125.7 	(c) "Child" means any person under the age of 18 years.
125.8 	(d) "Methamphetamine paraphernalia" means all equipment,
125.9 	products, and materials of any kind that are used, intended for
125.10 	use, or designed for use in manufacturing, injecting, ingesting,
125.11 	inhaling, or otherwise introducing methamphetamine into the
125.12 	human body.
125.13 	(e) "Methamphetamine waste products" means substances,
125.14 	chemicals, or items of any kind used in the manufacture of
125.15 	methamphetamine or any part of the manufacturing process, or the
125.16 	by-products or degradates of manufacturing methamphetamine.
125.17 	(f) "Vulnerable adult" has the meaning given in section
125.18 	609.232, subdivision 11.
125.19 		Subd. 2.Prohibited conduct. (a) No person may knowingly
125.20 	engage in any of the following activities in the presence of a
125.21 	child or vulnerable adult; in the residence of a child or a
125.22 	vulnerable adult; in a building, structure, conveyance, or
125.23 	outdoor location where a child or vulnerable adult might
125.24 	reasonably be expected to be present; in a room offered to the
125.25 	public for overnight accommodation; or in any multiple unit
125.26 	residential building:
125.27 	(1) manufacturing or attempting to manufacture
125.28 	methamphetamine;
125.29 	(2) storing any chemical substance;
125.30 	(3) storing any methamphetamine waste products; or 
125.31 	(4) storing any methamphetamine paraphernalia.
125.32 	(b) No person may knowingly cause or permit a child or
125.33 	vulnerable adult to inhale, be exposed to, have contact with, or
125.34 	ingest methamphetamine, a chemical substance, or methamphetamine
125.35 	paraphernalia.
125.36 		Subd. 3.Criminal penalty. A person who violates
126.1 	subdivision 2 is guilty of a felony and may be sentenced to
126.2 	imprisonment for not more than five years or to payment of a
126.3 	fine of not more than $10,000, or both.
126.4 		Subd. 4.Multiple sentences. Notwithstanding sections
126.5 	609.035 and 609.04, a prosecution for or conviction under this
126.6 	section is not a bar to conviction of or punishment for any
126.7 	other crime committed by the defendant as part of the same
126.8 	conduct.
126.9 		Subd. 5.Protective custody. A peace officer may take
126.10 	any child present in an area where any of the activities
126.11 	described in subdivision 2, paragraph (a), clauses (1) to (4),
126.12 	are taking place into protective custody in accordance with
126.13 	section 260C.175, subdivision 1, paragraph (b), clause (2).  A
126.14 	child taken into protective custody under this subdivision shall
126.15 	be provided health screening to assess potential health concerns
126.16 	related to methamphetamine as provided in section 260C.188.  A
126.17 	child not taken into protective custody under this subdivision
126.18 	but who is known to have been exposed to methamphetamine shall
126.19 	be offered health screening for potential health concerns
126.20 	related to methamphetamine as provided in section 260C.188.
126.21 		Subd. 6.Reporting maltreatment of vulnerable adult. (a)
126.22 	A peace officer shall make a report of suspected maltreatment of
126.23 	a vulnerable adult if the vulnerable adult is present in an area
126.24 	where any of the activities described in subdivision 2,
126.25 	paragraph (a), clauses (1) to (4), are taking place, and the
126.26 	peace officer has reason to believe the vulnerable adult
126.27 	inhaled, was exposed to, had contact with, or ingested
126.28 	methamphetamine, a chemical substance, or methamphetamine
126.29 	paraphernalia.  The peace officer shall immediately report to
126.30 	the county common entry point as described in section 626.557,
126.31 	subdivision 9b.
126.32 	(b) As required in section 626.557, subdivision 9b, law
126.33 	enforcement is the primary agency to conduct investigations of
126.34 	any incident when there is reason to believe a crime has been
126.35 	committed.  Law enforcement shall initiate a response
126.36 	immediately.  If the common entry point notified a county agency
127.1 	for adult protective services, law enforcement shall cooperate
127.2 	with that county agency when both agencies are involved and
127.3 	shall exchange data to the extent authorized in section 626.557,
127.4 	subdivision 12b, paragraph (g).  County adult protection shall
127.5 	initiate a response immediately.
127.6 	(c) The county social services agency shall immediately
127.7 	respond as required in section 626.557, subdivision 10, upon
127.8 	receipt of a report from the common entry point staff.
127.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
127.10 	and applies to crimes committed on or after that date.

127.11 	Sec. 13. Minnesota Statutes 2004, section 168A.05,
127.12 	subdivision 3, is amended to read:
127.13 		Subd. 3.Content of certificate.  Each certificate of
127.14 	title issued by the department shall contain:
127.15 	(1) the date issued;
127.16 	(2) the first, middle, and last names, the dates of birth,
127.17 	and addresses of all owners who are natural persons, the full
127.18 	names and addresses of all other owners;
127.19 	(3) the names and addresses of any secured parties in the
127.20 	order of priority as shown on the application, or if the
127.21 	application is based on a certificate of title, as shown on the
127.22 	certificate, or as otherwise determined by the department;
127.23 	(4) any liens filed pursuant to a court order or by a
127.24 	public agency responsible for child support enforcement against
127.25 	the owner;
127.26 	(5) the title number assigned to the vehicle;
127.27 	(6) a description of the vehicle including, so far as the
127.28 	following data exists, its make, model, year, identifying
127.29 	number, type of body, whether new or used, and if a new vehicle,
127.30 	the date of the first sale of the vehicle for use;
127.31 	(7) with respect to motor vehicles subject to the
127.32 	provisions of section 325E.15, the true cumulative mileage
127.33 	registered on the odometer or that the actual mileage is unknown
127.34 	if the odometer reading is known by the owner to be different
127.35 	from the true mileage;
127.36 	(8) with respect to vehicles subject to sections 325F.6641
128.1 	and 325F.6642, the appropriate term "flood damaged," "rebuilt,"
128.2 	"prior salvage," or "reconstructed"; and 
128.3 	(9) with respect to a vehicle contaminated by
128.4 	methamphetamine production, if the registrar has received the
128.5 	certificate of title and notice described in section 152.0275,
128.6 	subdivision 2, paragraph (g), the term "hazardous waste
128.7 	contaminated vehicle"; and 
128.8 	(10) any other data the department prescribes.
128.9 	
EFFECTIVE DATE. This section is effective August 1, 2005.

128.10 	Sec. 14. Minnesota Statutes 2004, section 260C.171, is
128.11 	amended by adding a subdivision to read:
128.12 		Subd. 6.Notice to school. (a) As used in this
128.13 	subdivision, the following terms have the meanings given.
128.14 	"Chemical substance," "methamphetamine paraphernalia," and
128.15 	"methamphetamine waste products" have the meanings given in
128.16 	section 152.137, subdivision 1.  "School" means a charter school
128.17 	or a school as defined in section 120A.22, subdivision 4, except
128.18 	a home school.
128.19 	(b) If a child has been taken into protective custody after
128.20 	being found in an area where methamphetamine was being
128.21 	manufactured or attempted to be manufactured or where any
128.22 	chemical substances, methamphetamine paraphernalia, or
128.23 	methamphetamine waste products were stored, and the child is
128.24 	enrolled in school, the officer who took the child into custody
128.25 	shall notify the chief administrative officer of the child's
128.26 	school of this fact.
128.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
128.28 	and applies to acts occurring on or after that date.

128.29 	Sec. 15. [446A.083] METHAMPHETAMINE LABORATORY CLEANUP
128.30 	REVOLVING ACCOUNT.
128.31 		Subdivision 1.Definitions. As used in this section:
128.32 	(1) "clandestine lab site" has the meaning given in section
128.33 	152.0275, subdivision 1, paragraph (a);
128.34 	(2) "property" has the meaning given in section 152.0275,
128.35 	subdivision 2, paragraph (a), but does not include motor
128.36 	vehicles; and 
129.1 	(3) "remediate" has the meaning given to remediation in
129.2 	section 152.0275, subdivision 1, paragraph (a).
129.3 		Subd. 2.Account established. The authority shall
129.4 	establish a methamphetamine laboratory cleanup revolving account
129.5 	in the public facility authority fund to provide loans to
129.6 	counties and cities to remediate clandestine lab sites.  The
129.7 	account must be credited with repayments.
129.8 		Subd. 3.Applications. Applications by a county or city
129.9 	for a loan from the account must be made to the authority on the
129.10 	forms prescribed by the authority.  The application must
129.11 	include, but is not limited to:
129.12 	(1) the amount of the loan requested and the proposed use
129.13 	of the loan proceeds;
129.14 	(2) the source of revenues to repay the loan; and 
129.15 	(3) certification by the county or city that it meets the
129.16 	loan eligibility requirements of subdivision 4.
129.17 		Subd. 4.Loan eligibility. A county or city is eligible
129.18 	for a loan under this section if the county or city:
129.19 	(1) identifies a site or sites designated by a local public
129.20 	health department or law enforcement as a clandestine lab site;
129.21 	(2) has required the site's property owner to remediate the
129.22 	site at cost, under a local public health nuisance ordinance
129.23 	that addresses clandestine lab remediation;
129.24 	(3) certifies that the property owner cannot pay for the
129.25 	remediation immediately;
129.26 	(4) certifies that the property owner has not properly
129.27 	remediated the site; and 
129.28 	(5) issues a revenue bond, secured as provided in
129.29 	subdivision 8, payable to the authority to secure the loan.
129.30 		Subd. 5.Use of loan proceeds; reimbursement by property
129.31 	owner. (a) A loan recipient shall use the loan to remediate the
129.32 	clandestine lab site or if this has already been done to
129.33 	reimburse the applicable county or city fund for costs paid by
129.34 	the recipient to remediate the clandestine lab site.
129.35 	(b) A loan recipient shall seek reimbursement from the
129.36 	owner of the property containing the clandestine lab site for
130.1 	the costs of the remediation.  In addition to other lawful means
130.2 	of seeking reimbursement, the loan recipient may recover its
130.3 	costs through a property tax assessment by following the
130.4 	procedures specified in section 145A.08, subdivision 2,
130.5 	paragraph (c).
130.6 	(c) A mortgagee is not responsible for cleanup costs under
130.7 	this section solely because the mortgagee becomes an owner of
130.8 	real property through foreclosure of the mortgage or by receipt
130.9 	of the deed to the mortgaged property in lieu of foreclosure.
130.10 		Subd. 6.Award and disbursement of funds. The authority
130.11 	shall award loans to recipients on a first-come, first-served
130.12 	basis, provided that the recipient is able to comply with the
130.13 	terms and conditions of the authority loan, which must be in
130.14 	conformance with this section.  The authority shall make a
130.15 	single disbursement of the loan upon receipt of a payment
130.16 	request that includes a list of remediation expenses and
130.17 	evidence that a second-party sampling was undertaken to ensure
130.18 	that the remediation work was successful or a guarantee that
130.19 	such a sampling will be undertaken.
130.20 		Subd. 7.Loan conditions and terms. (a) When making
130.21 	loans from the revolving account, the authority shall comply
130.22 	with the criteria in paragraphs (b) to (e).
130.23 	(b) Loans must be made at a two percent per annum interest
130.24 	rate for terms not to exceed ten years unless the recipient
130.25 	requests a 20-year term due to financial hardship.
130.26 	(c) The annual principal and interest payments must begin
130.27 	no later than one year after completion of the clean up.  Loans
130.28 	must be amortized no later than 20 years after completion of the
130.29 	clean up.
130.30 	(d) A loan recipient must identify and establish a source
130.31 	of revenue for repayment of the loan and must undertake whatever
130.32 	steps are necessary to collect payments within one year of
130.33 	receipt of funds from the authority.
130.34 	(e) The account must be credited with all payments of
130.35 	principal and interest on all loans, except the costs as
130.36 	permitted under section 446A.04, subdivision 5, paragraph (a).
131.1 	(f) Loans must be made only to recipients with clandestine
131.2 	lab ordinances that address remediation.
131.3 		Subd. 8.Authority to incur debt. Counties and cities
131.4 	may incur debt under this section by resolution of the board or
131.5 	council authorizing issuance of a revenue bond to the
131.6 	authority.  The county or city may secure and pay the revenue
131.7 	bond only with proceeds derived from the property containing the
131.8 	clandestine lab site, including assessments and charges under
131.9 	section 145A.08, subdivision 2, paragraph (c), payments by the
131.10 	property owner, or similar revenues.
131.11 	
EFFECTIVE DATE. This section is effective July 1, 2005.

131.12 	Sec. 16. Minnesota Statutes 2004, section 609.1095,
131.13 	subdivision 1, is amended to read:
131.14 		Subdivision 1.Definitions.  (a) As used in this section,
131.15 	the following terms have the meanings given.
131.16 	(b) "Conviction" means any of the following accepted and
131.17 	recorded by the court:  a plea of guilty, a verdict of guilty by
131.18 	a jury, or a finding of guilty by the court.  The term includes
131.19 	a conviction by any court in Minnesota or another jurisdiction.
131.20 	(c) "Prior conviction" means a conviction that occurred
131.21 	before the offender committed the next felony resulting in a
131.22 	conviction and before the offense for which the offender is
131.23 	being sentenced under this section.
131.24 	(d) "Violent crime" means a violation of or an attempt or
131.25 	conspiracy to violate any of the following laws of this state or
131.26 	any similar laws of the United States or any other state:
131.27 	section sections 152.137;609.165; 609.185; 609.19; 609.195;
131.28 	609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228;
131.29 	609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
131.30 	609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
131.31 	609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
131.32 	609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
131.33 	1e; 609.687; and 609.855, subdivision 5; any provision of
131.34 	sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is
131.35 	punishable by a felony penalty; or any provision of chapter 152
131.36 	that is punishable by a maximum sentence of 15 years or more.
132.1 	
EFFECTIVE DATE. This section is effective August 1, 2005,
132.2 	and applies to crimes committed on or after that date.

132.3 	Sec. 17. Minnesota Statutes 2004, section 617.81,
132.4 	subdivision 4, is amended to read:
132.5 		Subd. 4.Notice.  (a) If a prosecuting attorney has
132.6 	reason to believe that a nuisance is maintained or permitted in
132.7 	the jurisdiction the prosecuting attorney serves, and intends to
132.8 	seek abatement of the nuisance, the prosecuting attorney shall
132.9 	provide the written notice described in paragraph (b), by
132.10 	personal service or certified mail, return receipt requested, to
132.11 	the owner and all interested parties known to the prosecuting
132.12 	attorney.
132.13 	(b) The written notice must:
132.14 	(1) state that a nuisance as defined in subdivision 2 is
132.15 	maintained or permitted in the building and must specify the
132.16 	kind or kinds of nuisance being maintained or permitted;
132.17 	(2) summarize the evidence that a nuisance is maintained or
132.18 	permitted in the building, including the date or dates on which
132.19 	nuisance-related activity or activities are alleged to have
132.20 	occurred;
132.21 	(3) inform the recipient that failure to abate the conduct
132.22 	constituting the nuisance or to otherwise resolve the matter
132.23 	with the prosecuting attorney within 30 days of service of the
132.24 	notice may result in the filing of a complaint for relief in
132.25 	district court that could, among other remedies, result in
132.26 	enjoining the use of the building for any purpose for one year
132.27 	or, in the case of a tenant, could result in cancellation of the
132.28 	lease; and
132.29 	(4) inform the owner of the options available under section
132.30 	617.85.
132.31 	
EFFECTIVE DATE. This section is effective August 1, 2005,
132.32 	and applies to acts committed on or after that date.

132.33 	Sec. 18. Minnesota Statutes 2004, section 617.85, is
132.34 	amended to read:
132.35 	617.85 NUISANCE; MOTION TO CANCEL LEASE.
132.36 	Where notice is provided under section 617.81, subdivision
133.1 	4, that an abatement of a nuisance is sought and the
133.2 	circumstances that are the basis for the requested abatement
133.3 	involved the acts of a commercial or residential tenant or
133.4 	lessee of part or all of a building, the owner of the building
133.5 	that is subject to the abatement proceeding may file before the
133.6 	court that has jurisdiction over the abatement proceeding a
133.7 	motion to cancel the lease or otherwise secure restitution of
133.8 	the premises from the tenant or lessee who has maintained or
133.9 	conducted the nuisance.  The owner may assign to the prosecuting
133.10 	attorney the right to file this motion.  In addition to the
133.11 	grounds provided in chapter 566, the maintaining or conducting
133.12 	of a nuisance as defined in section 617.81, subdivision 2, by a
133.13 	tenant or lessee, is an additional ground authorized by law for
133.14 	seeking the cancellation of a lease or the restitution of the
133.15 	premises.  Service of motion brought under this section must be
133.16 	served in a manner that is sufficient under the Rules of Civil
133.17 	Procedure and chapter 566.
133.18 	It is no defense to a motion under this section by the
133.19 	owner or the prosecuting attorney that the lease or other
133.20 	agreement controlling the tenancy or leasehold does not provide
133.21 	for eviction or cancellation of the lease upon the ground
133.22 	provided in this section.
133.23 	Upon a finding by the court that the tenant or lessee has
133.24 	maintained or conducted a nuisance in any portion of the
133.25 	building, the court shall order cancellation of the lease or
133.26 	tenancy and grant restitution of the premises to the owner.  The
133.27 	court must not order abatement of the premises if the court:
133.28 	(a) cancels a lease or tenancy and grants restitution of
133.29 	that portion of the premises to the owner; and
133.30 	(b) further finds that the act or acts constituting the
133.31 	nuisance as defined in section 617.81, subdivision 2, were
133.32 	committed by the tenant or lessee whose lease or tenancy has
133.33 	been canceled pursuant to this section and the tenant or lessee
133.34 	was not committing the act or acts in conjunction with or under
133.35 	the control of the owner.

133.36 	EFFECTIVE DATE. This section is effective August 1, 2005,
134.1 	and applies to acts committed on or after that date.

134.2 	Sec. 19. DEVELOPMENT OF COMPUTER SYSTEM; REPORT.
 134.3 	The commissioner of public safety shall study the
134.4 	feasability of a centralized computer or electronic system to
134.5 	enable pharmacies to carry out their duties under Minnesota
134.6 	Statutes, section 152.02, subdivision 6, paragraph (e), clause
134.7 	(2), electronically or by the Internet.  By February 1, 2006,
134.8 	the commissioner shall report its findings to the legislature.
134.9 	The report may include a proposal to enable pharmacies to switch
134.10 	from written logs to electronic logs that are compatible with
134.11 	the proposed system, and suggested statutory changes and a cost
134.12 	estimate to accomplish this.

134.13 	Sec. 20. BOARD OF VETERINARY MEDICINE REPORT, PRECURSOR
134.14 	ANIMAL PRODUCTS.
 134.15 	The Board of Veterinary Medicine shall study and issue a
134.16 	report on animal products that may be used in the manufacture of
134.17 	methamphetamine.  The report must include proposals for
134.18 	restricting access to such products only to legitimate users,
134.19 	specifically addressing the manufacturing, wholesaling,
134.20 	distributing, and retailing of precursor veterinary products.
134.21 	The board shall report its findings to the chairs and ranking
134.22 	minority members of the senate and house committees having
134.23 	jurisdiction over criminal justice and veterinary policy by
134.24 	February 1, 2006.

134.25 	EFFECTIVE DATE. This section is effective the day
134.26 	following final enactment.

134.27 	Sec. 21. REVISOR'S INSTRUCTION.
 134.28 	The revisor of statutes shall recodify the provisions of
134.29 	Minnesota Statutes, section 152.021, subdivision 2a, paragraph
134.30 	(b), and subdivision 3, as amended by this article, that relate
134.31 	to the possession of chemical reagents or precursors with the
134.32 	intent to manufacture methamphetamine and the penalties for
134.33 	doing this into a new section of law codified as Minnesota
134.34 	Statutes, section 152.0262.  The revisor shall make any
134.35 	necessary technical changes, including, but not limited to,
134.36 	changes to statutory cross-references, to Minnesota Statutes,
135.1 	section 152.021, and any other statutory sections to accomplish
135.2 	this.

135.3 	Sec. 22. REPEALER.
 135.4 	Minnesota Statutes 2004, sections 18C.005, subdivisions 1a
135.5 	and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision
135.6 	5, are repealed.

135.7 	EFFECTIVE DATE. This section is effective August 1, 2005,
135.8 	and applies to crimes committed on or after that date.

135.9 	ARTICLE 8
135.10 	PUBLIC SAFETY POLICY

135.11 	Section 1. Minnesota Statutes 2004, section 116L.30, is
135.12 	amended to read:
135.13 	116L.30 GRANTS-IN-AID TO YOUTH INTERVENTION PROGRAMS.
135.14 		Subdivision 1.Grants. The commissioner may make grants
135.15 	to nonprofit agencies administering youth intervention programs
135.16 	in communities where the programs are or may be established.
135.17 	"Youth intervention program" means a nonresidential
135.18 	community-based program providing advocacy, education,
135.19 	counseling, mentoring,and referral services to youth and their
135.20 	families experiencing personal, familial, school, legal, or
135.21 	chemical problems with the goal of resolving the present
135.22 	problems and preventing the occurrence of the problems in the
135.23 	future. The intent of the youth intervention program is to
135.24 	provide an ongoing stable funding source to community-based
135.25 	early intervention programs for youth.  Program design may be
135.26 	different for the grantees depending on youth service needs of
135.27 	the communities being served.
135.28 		Subd. 2.Applications. Applications for a grant-in-aid
135.29 	shall be made by the administering agency to the commissioner.
135.30 	The grant-in-aid is contingent upon the agency having
135.31 	obtained from the community in which the youth intervention
135.32 	program is established local matching money two times the amount
135.33 	of the grant that is sought. The matching requirement is
135.34 	intended to leverage the investment of state and community
135.35 	dollars in supporting the efforts of the grantees to provide
135.36 	early intervention services to youth and their families.
136.1 	The commissioner shall provide the application form,
136.2 	procedures for making application form, criteria for review of
136.3 	the application, and kinds of contributions in addition to cash
136.4 	that qualify as local matching money.  No grant to any agency
136.5 	may exceed $50,000.
136.6 		Subd. 3.Grant allocation formula. Up to one percent of
136.7 	the appropriations to the grants-in-aid to the youth
136.8 	intervention program may be used for a grant to the Minnesota
136.9 	Youth Intervention Programs Association for expenses in
136.10 	providing collaborative training and technical assistance to
136.11 	community-based grantees of the program.
136.12 		Subd. 4.Administrative costs. The commissioner may use
136.13 	up to two percent of the biennial appropriation for
136.14 	grants-in-aid to the youth intervention program to pay costs
136.15 	incurred by the department in administering the youth
136.16 	intervention program.
136.17 	
EFFECTIVE DATE. This section is effective July 1, 2005.

136.18 	Sec. 2. Minnesota Statutes 2004, section 169.71,
136.19 	subdivision 1, is amended to read:
136.20 		Subdivision 1.Prohibitions generally; exceptions. No (a)
136.21 	A person shall not drive or operate any motor vehicle with:
136.22 	(1) a windshield cracked or discolored to an extent to
136.23 	limit or obstruct proper vision, or, except for law enforcement
136.24 	vehicles, with ;
136.25 	(2) any objects suspended between the driver and the
136.26 	windshield, other than sun visors and rear vision rearview 
136.27 	mirrors,and electronic toll collection devices;or with 
136.28 	(3) any sign, poster, or other nontransparent material upon
136.29 	the front windshield, sidewings, or side or rear windows of such 
136.30 	the vehicle, other than a certificate or other paper required to
136.31 	be so displayed by law,or authorized by the state director of
136.32 	the Division of Emergency Management,or the commissioner of
136.33 	public safety.
136.34 	(b) Paragraph (a), clauses (2) and (3), do not apply to law
136.35 	enforcement vehicles.
136.36 	(c) Paragraph (a), clause (2), does not apply to authorized
137.1 	emergency vehicles.
137.2 	
EFFECTIVE DATE. This section is effective July 1, 2005.

137.3 	Sec. 3. Minnesota Statutes 2004, section 214.04,
137.4 	subdivision 1, is amended to read:
137.5 		Subdivision 1.Services provided. (a) The commissioner
137.6 	of administration with respect to the Board of Electricity,;the
137.7 	commissioner of education with respect to the Board of
137.8 	Teaching,;the commissioner of public safety with respect to the
137.9 	Board of Private Detective and Protective Agent Services, and ;
137.10 	the panel established pursuant to section 299A.465, subdivision
137.11 	7;the Board of Peace Officer Standards and Training,;and the
137.12 	commissioner of revenue with respect to the Board of Assessors,
137.13 	shall provide suitable offices and other space, joint conference
137.14 	and hearing facilities, examination rooms, and the following
137.15 	administrative support services:  purchasing service, accounting
137.16 	service, advisory personnel services, consulting services
137.17 	relating to evaluation procedures and techniques, data
137.18 	processing, duplicating, mailing services, automated printing of
137.19 	license renewals, and such other similar services of a
137.20 	housekeeping nature as are generally available to other agencies
137.21 	of state government.  Investigative services shall be provided
137.22 	the boards by employees of the Office of Attorney General.  The
137.23 	commissioner of health with respect to the health-related
137.24 	licensing boards shall provide mailing and office supply
137.25 	services and may provide other facilities and services listed in
137.26 	this subdivision at a central location upon request of the
137.27 	health-related licensing boards.  The commissioner of commerce
137.28 	with respect to the remaining non-health-related licensing
137.29 	boards shall provide the above facilities and services at a
137.30 	central location for the remaining non-health-related licensing
137.31 	boards.  The legal and investigative services for the boards
137.32 	shall be provided by employees of the attorney general assigned
137.33 	to the departments servicing the boards.  Notwithstanding the
137.34 	foregoing, the attorney general shall not be precluded by this
137.35 	section from assigning other attorneys to service a board if
137.36 	necessary in order to insure competent and consistent legal
138.1 	representation.  Persons providing legal and investigative
138.2 	services shall to the extent practicable provide the services on
138.3 	a regular basis to the same board or boards.
138.4 	(b) The requirements in paragraph (a) with respect to the
138.5 	panel established in section 299A.465, subdivision 7, expire
138.6 	July 1, 2008.
138.7 	
EFFECTIVE DATE. This section is effective the day
138.8 	following final enactment.

138.9 	Sec. 4. Minnesota Statutes 2004, section 216D.08,
138.10 	subdivision 1, is amended to read:
138.11 		Subdivision 1.penalty penalties.  A person who is
138.12 	engaged in excavation for remuneration or an operator other than
138.13 	an operator subject to section 299F.59, subdivision 1, who
138.14 	violates sections 216D.01 to 216D.07 is subject to a civil
138.15 	penalty to be imposed by the commissioner not to exceed $1,000
138.16 	for each violation per day of violation.  An operator subject to
138.17 	section 299F.59, subdivision 1, who violates sections 216D.01 to
138.18 	216D.07 is subject to a civil penalty to be imposed under
138.19 	section 299F.60. The district court may hear, try, and
138.20 	determine actions commenced under this section.  Trials under
138.21 	this section must be to the court sitting without a jury.  If
138.22 	the fine exceeds the maximum limit for conciliation court, the
138.23 	person appealing the fine may request the commissioner to
138.24 	conduct an administrative hearing under chapter 14.
138.25 	
EFFECTIVE DATE. This section is effective July 1, 2005.

138.26 	Sec. 5. Minnesota Statutes 2004, section 216D.08,
138.27 	subdivision 2, is amended to read:
138.28 		Subd. 2.Settlement.  The commissioner may negotiate a
138.29 	compromise settlement of a civil penalty.  In determining the
138.30 	amount of the penalty, or the amount of the compromise
138.31 	settlement, the commissioner shall consider the appropriateness
138.32 	of the penalty to the size of the business of the person
138.33 	charged, the gravity of the violation, and the good faith of the
138.34 	person charged in attempting to achieve compliance, after
138.35 	notification of a violation. Unless the commissioner chooses to
138.36 	proceed in district court under subdivision 1,the contested
139.1 	case and judicial review provisions of chapter 14 apply to the
139.2 	orders of the commissioner imposing a penalty under sections
139.3 	216D.01 to 216D.07.  The amount of the penalty, when finally
139.4 	determined, may be deducted from sums owing by the state of
139.5 	Minnesota to the person charged.
139.6 	
EFFECTIVE DATE. This section is effective July 1, 2005.

139.7 	Sec. 6. Minnesota Statutes 2004, section 259.11, is
139.8 	amended to read:
139.9 	259.11 ORDER; FILING COPIES.
139.10 	(a) Upon meeting the requirements of section 259.10, the
139.11 	court shall grant the application unless:  (1) it finds that
139.12 	there is an intent to defraud or mislead; (2) section 259.13
139.13 	prohibits granting the name change; or (3) in the case of the
139.14 	change of a minor child's name, the court finds that such name
139.15 	change is not in the best interests of the child.  The court
139.16 	shall set forth in the order the name and age of the applicant's
139.17 	spouse and each child of the applicant, if any, and shall state
139.18 	a description of the lands, if any, in which the applicant and
139.19 	the spouse and children, if any, claim to have an interest.  The
139.20 	court administrator shall file such order, and record the same
139.21 	in the judgment book.  If lands be described therein, a
139.22 	certified copy of the order shall be filed for record, by the
139.23 	applicant, with the county recorder of each county wherein any
139.24 	of the same are situated.  Before doing so the court
139.25 	administrator shall present the same to the county auditor who
139.26 	shall enter the change of name in the auditor's official records
139.27 	and note upon the instrument, over an official signature, the
139.28 	words "change of name recorded."  Any such order shall not be
139.29 	filed, nor any certified copy thereof be issued, until the
139.30 	applicant shall have paid to the county recorder and court
139.31 	administrator the fee required by law.  No application shall be
139.32 	denied on the basis of the marital status of the applicant.
139.33 	(b) When a person applies for a name change, the court
139.34 	shall determine whether the person has been convicted of a
139.35 	felony a criminal history in this or any other state. The court
139.36 	may conduct a search of national records through the Federal
140.1 	Bureau of Investigation by submitting a set of fingerprints and
140.2 	the appropriate fee to the Bureau of Criminal Apprehension.If
140.3 	so it is determined that the person has a criminal history in
140.4 	this or any other state, the court shall, within ten days after
140.5 	the name change application is granted, report the name change
140.6 	to the Bureau of Criminal Apprehension.  The person whose name
140.7 	is changed shall also report the change to the Bureau of
140.8 	Criminal Apprehension within ten days.  The court granting the
140.9 	name change application must explain this reporting duty in its
140.10 	order.  Any person required to report the person's name change
140.11 	to the Bureau of Criminal Apprehension who fails to report the
140.12 	name change as required under this paragraph is guilty of a
140.13 	gross misdemeanor.
140.14 	(c) Paragraph (b) does not apply to either:
140.15 	(1) a request for a name change as part of an application
140.16 	for a marriage license under section 517.08; or 
140.17 	(2) a request for a name change in conjunction with a
140.18 	marriage dissolution under section 518.27.

140.19 	EFFECTIVE DATE. This section is effective July 1, 2005.

140.20 	Sec. 7. Minnesota Statutes 2004, section 299A.465, is
140.21 	amended by adding a subdivision to read:
140.22 		Subd. 6.Determination of scope and duties. (a) Whenever
140.23 	a peace officer or firefighter has been approved to receive a
140.24 	duty-related disability pension, the officer or firefighter may
140.25 	apply to the panel established in subdivision 7 for a
140.26 	determination of whether or not the officer or firefighter meets
140.27 	the requirements in subdivision 1, paragraph (a), clause (2).
140.28 	In making this decision, the panel shall determine whether or
140.29 	not the officer's or firefighter's occupational duties or
140.30 	professional responsibilities put the officer or firefighter at
140.31 	risk for the type of illness or injury actually sustained.  A
140.32 	final determination by the panel is binding on the applicant and
140.33 	the employer, subject to any right of judicial review.
140.34 	Applications must be made within 90 days of receipt of approval
140.35 	of a duty-related pension and must be acted upon by the panel
140.36 	within 90 days of receipt.  Applications that are not acted upon
141.1 	within 90 days of receipt by the panel are approved.
141.2 	Applications and supporting documents are private data.
141.3 	(b) This subdivision expires July 1, 2008.
141.4 	
EFFECTIVE DATE. This section is effective July 1, 2005,
141.5 	and applies to duty-related pension approvals made on or after
141.6 	that date.

141.7 	Sec. 8. Minnesota Statutes 2004, section 299A.465, is
141.8 	amended by adding a subdivision to read:
141.9 		Subd. 7.Course and scope of duties panel. (a) A panel
141.10 	is established for the purpose set forth in subdivision 6,
141.11 	composed of the following seven members:
141.12 	(1) two members recommended by the Minnesota League of
141.13 	Cities or a successor;
141.14 	(2) one member recommended by the Association of Minnesota
141.15 	Counties or a successor;
141.16 	(3) two members recommended by the Minnesota Police and
141.17 	Peace Officers Association or a successor;
141.18 	(4) one member recommended by the Minnesota Professional
141.19 	Firefighters Association or a successor; and 
141.20 	(5) one nonorganizational member recommended by the six
141.21 	organizational members.
141.22 	(b) Recommendations must be forwarded to the commissioner
141.23 	of public safety who shall appoint the recommended members after
141.24 	determining that they were properly recommended.  Members shall
141.25 	serve for two years or until their successors have been seated.
141.26 	No member may serve more than three consecutive terms.
141.27 	Vacancies on the panel must be filled by recommendation by the
141.28 	organization whose representative's seat has been vacated.  A
141.29 	vacancy of the nonorganizational seat must be filled by the
141.30 	recommendation of the panel.  Vacancies may be declared by the
141.31 	panel in cases of resignation or when a member misses three or
141.32 	more consecutive meetings, or by a nominating organization when
141.33 	its nominee is no longer a member in good standing of the
141.34 	organization, an employee of the organization, or an employee of
141.35 	a member in good standing of the organization.  A member
141.36 	appointed because of a vacancy shall serve until the expiration
142.1 	of the vacated term.
142.2 	(c) Panel members shall be reimbursed for expenses related
142.3 	to their duties according to section 15.059, subdivision 3,
142.4 	paragraph (a), but shall not receive compensation or per diem
142.5 	payments.  The panel's proceedings and determinations constitute
142.6 	a quasi-judicial process and its operation must comply with
142.7 	chapter 14.  Membership on the panel does not constitute holding
142.8 	a public office and members of the panel are not required to
142.9 	take and file oaths of office or submit a public official's bond
142.10 	before serving on the panel.  No member of the panel may be
142.11 	disqualified from holding any public office or employment by
142.12 	reason of being appointed to the panel.  Members of the panel
142.13 	and staff or consultants working with the panel are covered by
142.14 	the immunity provision in section 214.34, subdivision 2.  The
142.15 	panel shall elect a chair and adopt rules of order.  The panel
142.16 	shall convene no later than July 1, 2005.
142.17 	(d) This subdivision expires July 1, 2008.
142.18 	
EFFECTIVE DATE. This section is effective the day
142.19 	following final enactment.

142.20 	Sec. 9. Minnesota Statutes 2004, section 299C.095,
142.21 	subdivision 1, is amended to read:
142.22 		Subdivision 1.Access to data on juveniles.  (a) The
142.23 	bureau shall administer and maintain the computerized juvenile
142.24 	history record system based on sections 260B.171 and 260C.171
142.25 	and other statutes requiring the reporting of data on
142.26 	juveniles.  The data in the system are private data as defined
142.27 	in section 13.02, subdivision 12, but are accessible to criminal
142.28 	justice agencies as defined in section 13.02, subdivision 3a, to
142.29 	all trial courts and appellate courts, to a person who has
142.30 	access to the juvenile court records as provided in sections
142.31 	260B.171 and 260C.171 or under court rule, to public defenders
142.32 	as provided in section 611.272, and to criminal justice agencies
142.33 	in other states in the conduct of their official duties.
142.34 	(b) Except for access authorized under paragraph (a), the
142.35 	bureau shall only disseminate a juvenile adjudication history
142.36 	record in connection with a background check required by statute
143.1 	or rule and performed on a licensee, license applicant, or
143.2 	employment applicant or performed under section 299C.62 or
143.3 	624.713.  If the background check is performed under section
143.4 	299C.62, juvenile adjudication history disseminated under this
143.5 	paragraph is limited to offenses that would constitute a
143.6 	background check crime as defined in section 299C.61,
143.7 	subdivision 2.  A consent for release of information from an
143.8 	individual who is the subject of a juvenile adjudication history
143.9 	is not effective and the bureau shall not release a juvenile
143.10 	adjudication history record and shall not release information in
143.11 	a manner that reveals the existence of the record. Data
143.12 	maintained under section 243.166, released in conjunction with a
143.13 	background check, regardless of the age of the offender at the
143.14 	time of the offense, does not constitute releasing information
143.15 	in a manner that reveals the existence of a juvenile
143.16 	adjudication history.
143.17 	
EFFECTIVE DATE. This section is effective July 1, 2005.

143.18 	Sec. 10. Minnesota Statutes 2004, section 299C.11, is
143.19 	amended to read:
143.20 	299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.
143.21 	(a) Each sheriff and chief of police shall furnish the
143.22 	bureau, upon such form as the superintendent shall prescribe,
143.23 	with such finger and thumb prints, photographs, distinctive
143.24 	physical mark identification data, information on known aliases
143.25 	and street names, and other identification data as may be
143.26 	requested or required by the superintendent of the bureau, which
143.27 	must be taken under the provisions of section 299C.10.  In
143.28 	addition, sheriffs and chiefs of police shall furnish this
143.29 	identification data to the bureau for individuals found to have
143.30 	been convicted of a felony, gross misdemeanor, or targeted
143.31 	misdemeanor, within the ten years immediately preceding their
143.32 	arrest. When the bureau learns that an individual who is the
143.33 	subject of a background check has used, or is using, identifying
143.34 	information, including, but not limited to, name and date of
143.35 	birth, other than those listed on the criminal history, the
143.36 	bureau may add the new identifying information to the criminal
144.1 	history when supported by fingerprints.
144.2 	(b) No petition under chapter 609A is required if the
144.3 	person has not been convicted of any felony or gross
144.4 	misdemeanor, either within or without the state, within the
144.5 	period of ten years immediately preceding the determination of
144.6 	all pending criminal actions or proceedings in favor of the
144.7 	arrested person, and either of the following occurred:
144.8 	(1) all charges were dismissed prior to a determination of
144.9 	probable cause; or
144.10 	(2) the prosecuting authority declined to file any charges
144.11 	and a grand jury did not return an indictment.
144.12 	Where these conditions are met, the bureau or agency shall, upon
144.13 	demand, return to the arrested person finger and thumb prints,
144.14 	photographs, distinctive physical mark identification data,
144.15 	information on known aliases and street names, and other
144.16 	identification data, and all copies and duplicates of them.
144.17 	(c) Except as otherwise provided in paragraph (b), upon the
144.18 	determination of all pending criminal actions or proceedings in
144.19 	favor of the arrested person, and the granting of the petition
144.20 	of the arrested person under chapter 609A, the bureau shall seal
144.21 	finger and thumb prints, photographs, distinctive physical mark
144.22 	identification data, information on known aliases and street
144.23 	names, and other identification data, and all copies and
144.24 	duplicates of them if the arrested person has not been convicted
144.25 	of any felony or gross misdemeanor, either within or without the
144.26 	state, within the period of ten years immediately preceding such
144.27 	determination.
144.28 	(d) DNA samples and DNA records of the arrested person
144.29 	shall not be returned, sealed, or destroyed as to a charge
144.30 	supported by probable cause.
144.31 	(e) For purposes of this section:
144.32 	(1) "determination of all pending criminal actions or
144.33 	proceedings in favor of the arrested person" does not include:
144.34 	(i) the sealing of a criminal record pursuant to section
144.35 	152.18, subdivision 1, 242.31, or chapter 609A;
144.36 	(ii) the arrested person's successful completion of a
145.1 	diversion program;
145.2 	(iii) an order of discharge under section 609.165; or
145.3 	(iv) a pardon granted under section 638.02; and
145.4 	(2) "targeted misdemeanor" has the meaning given in section
145.5 	299C.10, subdivision 1.

145.6 	EFFECTIVE DATE. This section is effective July 1, 2005.

145.7 	Sec. 11. Minnesota Statutes 2004, section 326.3382, is
145.8 	amended by adding a subdivision to read:
145.9 		Subd. 5.Special protective agent classification. The
145.10 	board shall establish a special protective agent license
145.11 	classification that provides that a person described in section
145.12 	326.338, subdivision 4, clause (4), who is otherwise qualified
145.13 	under this section need not meet the requirements of subdivision
145.14 	2, paragraph (c).
145.15 	
EFFECTIVE DATE. This section is effective July 1, 2005.

145.16 	Sec. 12. Minnesota Statutes 2004, section 340A.301,
145.17 	subdivision 6, is amended to read:
145.18 		Subd. 6.Fees.  The annual fees for licenses under this
145.19 	section are as follows:
145.20 	(a) Manufacturers (except as provided
145.21 	      in clauses (b) and (c)) $15,000 $30,000 
145.22 	      Duplicates                                 $ 3,000
145.23 	  (b) Manufacturers of wines of not more
145.24 	      than 25 percent alcohol by volume          $   500
145.25 	  (c) Brewers other than those described
145.26 	      in clauses (d) and (i)                     $ 2,500 4,000 
145.27 	  (d) Brewers who also hold one or more
145.28 	      retail on-sale licenses and who
145.29 	      manufacture fewer than 3,500 barrels
145.30 	      of malt liquor in a year, at any one
145.31 	      licensed premises, using only wort produced
145.32 	      in Minnesota, the entire
145.33 	      production of which is solely
145.34 	      for consumption on tap on the
145.35 	      licensed premises or for off-sale
145.36 	      from that licensed premises.
146.1 	      A brewer licensed
146.2 	      under this clause must obtain a separate
146.3 	      license for each licensed premises where
146.4 	      the brewer brews malt liquor.  A brewer
146.5 	      licensed under this clause may not be
146.6 	      licensed as an importer under this chapter  $  500
146.7 	  (e) Wholesalers (except as provided in
146.8 	      clauses (f), (g), and (h))                 $15,000
146.9 	      Duplicates                                 $ 3,000
146.10 	  (f) Wholesalers of wines of not more
146.11 	      than 25 percent alcohol by volume          $ 2,000 3,750 
146.12 	  (g) Wholesalers of intoxicating
146.13 	      malt liquor                                $ 600 1,000 
146.14 	      Duplicates                                 $    25
146.15 	  (h) Wholesalers of 3.2 percent
146.16 	      malt liquor                                $    10
146.17 	  (i) Brewers who manufacture fewer than
146.18 	      2,000 barrels of malt liquor in a year     $   150
146.19 	If a business licensed under this section is destroyed, or
146.20 	damaged to the extent that it cannot be carried on, or if it
146.21 	ceases because of the death or illness of the licensee, the
146.22 	commissioner may refund the license fee for the balance of the
146.23 	license period to the licensee or to the licensee's estate.
146.24 	
EFFECTIVE DATE. This section is effective July 1, 2005.

146.25 	Sec. 13. Minnesota Statutes 2004, section 340A.302,
146.26 	subdivision 3, is amended to read:
146.27 		Subd. 3.Fees.  Annual fees for licenses under this
146.28 	section, which must accompany the application, are as follows:
146.29 	Importers of distilled spirits, wine,
146.30 	or ethyl alcohol                             $420
146.31 	Importers of malt liquor $800 
146.32 	$1,600 
146.33 	If an application is denied, $100 of the fee shall be
146.34 	retained by the commissioner to cover costs of investigation.
146.35 	
EFFECTIVE DATE. This section is effective July 1, 2005.

146.36 	Sec. 14. Minnesota Statutes 2004, section 340A.311, is
147.1 	amended to read:
147.2 	340A.311 BRAND REGISTRATION.
147.3 	(a) A brand of intoxicating liquor or 3.2 percent malt
147.4 	liquor may not be manufactured, imported into, or sold in the
147.5 	state unless the brand label has been registered with and
147.6 	approved by the commissioner.  A brand registration must be
147.7 	renewed every three years in order to remain in effect.  The fee
147.8 	for an initial brand registration is $30 $40.  The fee for brand
147.9 	registration renewal is $20 $30.  The brand label of a brand of
147.10 	intoxicating liquor or 3.2 percent malt liquor for which the
147.11 	brand registration has expired, is conclusively deemed abandoned
147.12 	by the manufacturer or importer.
147.13 	(b) In this section "brand" and "brand label" include
147.14 	trademarks and designs used in connection with labels.
147.15 	(c) The label of any brand of wine or intoxicating or
147.16 	nonintoxicating malt beverage may be registered only by the
147.17 	brand owner or authorized agent.  No such brand may be imported
147.18 	into the state for sale without the consent of the brand owner
147.19 	or authorized agent.  This section does not limit the provisions
147.20 	of section 340A.307.
147.21 	(d) The commissioner shall refuse to register a malt liquor
147.22 	brand label, and shall revoke the registration of a malt liquor
147.23 	brand label already registered, if the brand label states or
147.24 	implies in a false or misleading manner a connection with an
147.25 	actual living or dead American Indian leader.  This paragraph
147.26 	does not apply to a brand label registered for the first time in
147.27 	Minnesota before January 1, 1992.

147.28 	EFFECTIVE DATE. This section is effective July 1, 2005.

147.29 	Sec. 15. Minnesota Statutes 2004, section 340A.404,
147.30 	subdivision 12, is amended to read:
147.31 		Subd. 12.Caterer's permit.  The commissioner may issue a
147.32 	caterer's permit to a restaurant that holds an on-sale
147.33 	intoxicating liquor license issued by any municipality.  The
147.34 	holder of a caterer's permit may sell intoxicating liquor as an
147.35 	incidental part of a food service that serves prepared meals at
147.36 	a place other than the premises for which the holder's on-sale
148.1 	intoxicating liquor license is issued.
148.2 	(a) A caterer's permit is auxiliary to the primary on-sale
148.3 	license held by the licensee.
148.4 	(b) The restrictions and regulations which apply to the
148.5 	sale of intoxicating liquor on the licensed premises also apply
148.6 	to the sale under the authority of a caterer's permit, and any
148.7 	act that is prohibited on the licensed premises is also
148.8 	prohibited when the licensee is operating other than on the
148.9 	licensed premises under a caterer's permit.
148.10 	(c) Any act, which if done on the licensed premises would
148.11 	be grounds for cancellation or suspension of the on-sale
148.12 	licensee, is grounds for cancellation of both the on-sale
148.13 	license and the caterer's permit if done when the permittee is
148.14 	operating away from the licensed premises under the authority of
148.15 	the caterer's permit.
148.16 	(d) The permittee shall notify prior to any catered event:
148.17 	(1) the police chief of the city where the event will take
148.18 	place, if the event will take place within the corporate limits
148.19 	of a city; or
148.20 	(2) the county sheriff of the county where the event will
148.21 	take place, if the event will be outside the corporate limits of
148.22 	any city.
148.23 	(e) If the primary license ceases to be valid for any
148.24 	reason, the caterer's permit ceases to be valid.
148.25 	(f) Permits issued under this subdivision are subject to
148.26 	all laws and ordinances governing the sale of intoxicating
148.27 	liquor except those laws and ordinances which by their nature
148.28 	are not applicable.
148.29 	(g) The annual state fee for a caterer's permit
148.30 	is $200 $300.
148.31 	
EFFECTIVE DATE. This section is effective July 1, 2005.

148.32 	Sec. 16. Minnesota Statutes 2004, section 340A.408,
148.33 	subdivision 4, is amended to read:
148.34 		Subd. 4.Lake superior, st. croix river, and mississippi
148.35 	river tour boats; common carriers.  (a) The annual license fee
148.36 	for licensing of Lake Superior, St. Croix River, and Mississippi
149.1 	River tour boats under section 340A.404, subdivision 8, shall be
149.2 	$1,000 $1,500.  The commissioner shall transmit one-half of this
149.3 	fee to the governing body of the city that is the home port of
149.4 	the tour boat or to the county in which the home port is located
149.5 	if the home port is outside a city.
149.6 	(b) The annual license fee for common carriers licensed
149.7 	under section 340A.407 is:
149.8 	(1) $50 for 3.2 percent malt liquor, and $20 for a
149.9 	duplicate license; and
149.10 	(2) $200 $250 for intoxicating liquor, and $20 $30 for a
149.11 	duplicate license.
149.12 	
EFFECTIVE DATE. This section is effective July 1, 2005.

149.13 	Sec. 17. Minnesota Statutes 2004, section 340A.414,
149.14 	subdivision 6, is amended to read:
149.15 		Subd. 6.Permit fees.  The annual fee for issuance of a
149.16 	permit under this section is $150 $250.  The governing body of a
149.17 	city or county where the establishment is located may impose an
149.18 	additional fee of not more than $300.
149.19 	
EFFECTIVE DATE. This section is effective July 1, 2005.

149.20 	Sec. 18. Minnesota Statutes 2004, section 340A.504,
149.21 	subdivision 3, is amended to read:
149.22 		Subd. 3.Intoxicating liquor; sunday sales; on-sale.  (a)
149.23 	A restaurant, club, bowling center, or hotel with a seating
149.24 	capacity for at least 30 persons and which holds an on-sale
149.25 	intoxicating liquor license may sell intoxicating liquor for
149.26 	consumption on the premises in conjunction with the sale of food
149.27 	between the hours of 12:00 noon on Sundays and 2:00 a.m. on
149.28 	Mondays.
149.29 	(b) The governing body of a municipality may after one
149.30 	public hearing by ordinance permit a restaurant, hotel, bowling
149.31 	center, or club to sell alcoholic beverages for consumption on
149.32 	the premises in conjunction with the sale of food between the
149.33 	hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays,
149.34 	provided that the licensee is in conformance with the Minnesota
149.35 	Clean Air Act.
149.36 	(c) An establishment serving intoxicating liquor on Sundays
150.1 	must obtain a Sunday license.  The license must be issued by the
150.2 	governing body of the municipality for a period of one year, and
150.3 	the fee for the license may not exceed $200.
150.4 	(d) A city may issue a Sunday intoxicating liquor license
150.5 	only if authorized to do so by the voters of the city voting on
150.6 	the question at a general or special election.  A county may
150.7 	issue a Sunday intoxicating liquor license in a town only if
150.8 	authorized to do so by the voters of the town as provided in
150.9 	paragraph (e).  A county may issue a Sunday intoxicating liquor
150.10 	license in unorganized territory only if authorized to do so by
150.11 	the voters of the election precinct that contains the licensed
150.12 	premises, voting on the question at a general or special
150.13 	election.
150.14 	(e) An election conducted in a town on the question of the
150.15 	issuance by the county of Sunday sales licenses to
150.16 	establishments located in the town must be held on the day of
150.17 	the annual election of town officers.
150.18 	(f) Voter approval is not required for licenses issued by
150.19 	the Metropolitan Airports Commission or common carrier licenses
150.20 	issued by the commissioner.  Common carriers serving
150.21 	intoxicating liquor on Sunday must obtain a Sunday license from
150.22 	the commissioner at an annual fee of $50 $75, plus $20 $30 for
150.23 	each duplicate.
150.24 	
EFFECTIVE DATE. This section is effective July 1, 2005.

150.25 	Sec. 19. Minnesota Statutes 2004, section 340A.504,
150.26 	subdivision 7, is amended to read:
150.27 		Subd. 7.Sales after 1:00 a.m.; permit fee.  (a) No
150.28 	licensee may sell intoxicating liquor or 3.2 percent malt liquor
150.29 	on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
150.30 	licensee has obtained a permit from the commissioner.
150.31 	Application for the permit must be on a form the commissioner
150.32 	prescribes.  Permits are effective for one year from date of
150.33 	issuance.  For retailers of intoxicating liquor, the fee for the
150.34 	permit is based on the licensee's gross receipts from on-sales
150.35 	of alcoholic beverages in the 12 months prior to the month in
150.36 	which the permit is issued, and is at the following rates:
151.1 	(1) up to $100,000 in gross receipts, $200 $300;
151.2 	(2) over $100,000 but not over $500,000 in gross receipts,
151.3 	$500 $750; and
151.4 	(3) over $500,000 in gross receipts, $600 $1,000.
151.5 	For a licensed retailer of intoxicating liquor who did not sell
151.6 	intoxicating liquor at on-sale for a full 12 months prior to the
151.7 	month in which the permit is issued, the fee is $200.  For a
151.8 	retailer of 3.2 percent malt liquor, the fee is $200.
151.9 	(b) The commissioner shall deposit all permit fees received
151.10 	under this subdivision in the alcohol enforcement account in the
151.11 	special revenue fund.
151.12 	(c) Notwithstanding any law to the contrary, the
151.13 	commissioner of revenue may furnish to the commissioner the
151.14 	information necessary to administer and enforce this subdivision.
151.15 	
EFFECTIVE DATE. This section is effective July 1, 2005.

151.16 	Sec. 20. Minnesota Statutes 2004, section 518B.01, is
151.17 	amended by adding a subdivision to read:
151.18 		Subd. 23.Prohibition against employer retaliation. (a)
151.19 	An employer shall not discharge, discipline, threaten, otherwise
151.20 	discriminate against, or penalize an employee regarding the
151.21 	employee's compensation, terms, conditions, location, or
151.22 	privileges of employment, because the employee took reasonable
151.23 	time off from work to obtain or attempt to obtain relief under
151.24 	this chapter.  Except in cases of imminent danger to the health
151.25 	or safety of the employee or the employee's child, or unless
151.26 	impracticable, an employee who is absent from the workplace
151.27 	shall give 48 hours' advance notice to the employer.  Upon
151.28 	request of the employer, the employee shall provide verification
151.29 	that supports the employee's reason for being absent from the
151.30 	workplace.  All information related to the employee's leave
151.31 	pursuant to this section shall be kept confidential by the
151.32 	employer.
151.33 	(b) An employer who violates paragraph (a) is guilty of a
151.34 	misdemeanor and may be punished for contempt of court.  In
151.35 	addition, the court shall order the employer to pay back wages
151.36 	and offer job reinstatement to any employee discharged from
152.1 	employment in violation of paragraph (a).
152.2 	(c) In addition to any remedies otherwise provided by law,
152.3 	an employee injured by a violation of paragraph (a) may bring a
152.4 	civil action for recovery of damages, together with costs and
152.5 	disbursements, including reasonable attorney's fees, and may
152.6 	receive such injunctive and other equitable relief, including
152.7 	reinstatement, as determined by the court.
152.8 	
EFFECTIVE DATE. This section is effective August 1, 2005,
152.9 	and applies to crimes committed on or after that date.

152.10 	Sec. 21. Minnesota Statutes 2004, section 609.748, is
152.11 	amended by adding a subdivision to read:
152.12 		Subd. 10.Prohibition against employer retaliation. (a)
152.13 	An employer shall not discharge, discipline, threaten, otherwise
152.14 	discriminate against, or penalize an employee regarding the
152.15 	employee's compensation, terms, conditions, location, or
152.16 	privileges of employment, because the employee took reasonable
152.17 	time off from work to obtain or attempt to obtain relief under
152.18 	this section.  Except in cases of imminent danger to the health
152.19 	or safety of the employee or the employee's child, or unless
152.20 	impracticable, an employee who is absent from the workplace
152.21 	shall give 48 hours' advance notice to the employer.  Upon
152.22 	request of the employer, the employee shall provide verification
152.23 	that supports the employee's reason for being absent from the
152.24 	workplace.  All information related to the employee's leave
152.25 	pursuant to this section shall be kept confidential by the
152.26 	employer.
152.27 	(b) An employer who violates paragraph (a) is guilty of a
152.28 	misdemeanor and may be punished for contempt of court.  In
152.29 	addition, the court shall order the employer to pay back wages
152.30 	and offer job reinstatement to any employee discharged from
152.31 	employment in violation of paragraph (a).
152.32 	(c) In addition to any remedies otherwise provided by law,
152.33 	an employee injured by a violation of paragraph (a) may bring a
152.34 	civil action for recovery of damages, together with costs and
152.35 	disbursements, including reasonable attorney's fees, and may
152.36 	receive such injunctive and other equitable relief, including
153.1 	reinstatement, as determined by the court.
153.2 	
EFFECTIVE DATE. This section is effective August 1, 2005,
153.3 	and applies to crimes committed on or after that date.

153.4 	Sec. 22. Minnesota Statutes 2004, section 611A.01, is
153.5 	amended to read:
153.6 	611A.01 DEFINITIONS.
153.7 	For the purposes of sections 611A.01 to 611A.06:
153.8 	(a) "crime" means conduct that is prohibited by local
153.9 	ordinance and results in bodily harm to an individual; or
153.10 	conduct that is included within the definition of "crime" in
153.11 	section 609.02, subdivision 1, or would be included within that
153.12 	definition but for the fact that (i) the person engaging in the
153.13 	conduct lacked capacity to commit the crime under the laws of
153.14 	this state, or (ii) the act was alleged or found to have been
153.15 	committed by a juvenile;
153.16 	(b) "victim" means a natural person who incurs loss or harm
153.17 	as a result of a crime, including a good faith effort to prevent
153.18 	a crime, and for purposes of sections 611A.04 and 611A.045, also
153.19 	includes (i) a corporation that incurs loss or harm as a result
153.20 	of a crime, (ii) a government entity that incurs loss or harm as
153.21 	a result of a crime, and (iii) any other entity authorized to
153.22 	receive restitution under section 609.10 or 609.125. If the
153.23 	victim is a natural person and is deceased, "victim" means the
153.24 	deceased's surviving spouse or next of kin The term "victim"
153.25 	includes the family members, guardian, or custodian of a minor,
153.26 	incompetent, incapacitated, or deceased person.  In a case where
153.27 	the prosecutor finds that the number of family members makes it
153.28 	impracticable to accord all of the family members the rights
153.29 	described in sections 611A.02 to 611A.0395, the prosecutor shall
153.30 	establish a reasonable procedure to give effect to those
153.31 	rights.  The procedure may not limit the number of victim impact
153.32 	statements submitted to the court under section 611A.038.  The
153.33 	term "victim" does not include the person charged with or
153.34 	alleged to have committed the crime; and
153.35 	(c) "juvenile" has the same meaning as given to the term
153.36 	"child" in section 260B.007, subdivision 3.

154.1 	EFFECTIVE DATE. This section is effective July 1, 2005.

154.2 	Sec. 23. Minnesota Statutes 2004, section 611A.036, is
154.3 	amended to read:
154.4 	611A.036 PROHIBITION AGAINST EMPLOYER RETALIATION.
154.5 		Subdivision 1.Victim or witness. An employer or
154.6 	employer's agent who threatens to discharge or discipline must
154.7 	allow a victim or witness, or who discharges, disciplines, or
154.8 	causes a victim or witness to be discharged from employment or
154.9 	disciplined because the victim or the witness who is subpoenaed
154.10 	or requested by the prosecutor to attend court for the purpose
154.11 	of giving testimony, is guilty of a misdemeanor and may be
154.12 	punished for contempt of court.  In addition, the court shall
154.13 	order the employer to offer job reinstatement to any victim or
154.14 	witness discharged from employment in violation of this section,
154.15 	and to pay the victim or witness back wages as
154.16 	appropriate reasonable time off from work to attend criminal
154.17 	proceedings related to the victim's case.
154.18 	Subd. 2.[VICTIM'S SPOUSE OR NEXT OF KIN.] An employer
154.19 	must allow a victim of a heinous crime, as well as the victim's
154.20 	spouse or next of kin, reasonable time off from work to attend
154.21 	criminal proceedings related to the victim's case.
154.22 		Subd. 3.Prohibited acts. An employer shall not
154.23 	discharge, discipline, threaten, otherwise discriminate against,
154.24 	or penalize an employee regarding the employee's compensation,
154.25 	terms, conditions, location, or privileges of employment,
154.26 	because the employee took reasonable time off from work to
154.27 	attend a criminal proceeding pursuant to this section.
154.28 		Subd. 4.Verification; confidentiality. An employee who
154.29 	is absent from the workplace shall give 48 hours' advance notice
154.30 	to the employer, unless impracticable or an emergency prevents
154.31 	the employee from doing so.  Upon request of the employer, the
154.32 	employee shall provide verification that supports the employee's
154.33 	reason for being absent from the workplace.  All information
154.34 	related to the employee's leave pursuant to this section shall
154.35 	be kept confidential by the employer.
154.36 		Subd. 5.Penalty. An employer who violates this section
155.1 	is guilty of a misdemeanor and may be punished for contempt of
155.2 	court.  In addition, the court shall order the employer to offer
155.3 	job reinstatement to any employee discharged from employment in
155.4 	violation of this section, and to pay the employee back wages as
155.5 	appropriate.
155.6 		Subd. 6.Civil action. In addition to any remedies
155.7 	otherwise provided by law, an employee injured by a violation of
155.8 	this section may bring a civil action for recovery for damages,
155.9 	together with costs and disbursements, including reasonable
155.10 	attorney's fees, and may receive such injunctive and other
155.11 	equitable relief, including reinstatement, as determined by the
155.12 	court.
155.13 		Subd. 7.Definition. As used in this section, "heinous
155.14 	crime" means:
155.15 	(1) a violation or attempted violation of section 609.185
155.16 	or 609.19;
155.17 	(2) a violation of section 609.195 or 609.221; or 
155.18 	(3) a violation of section 609.342, 609.343, or 609.344, if
155.19 	the offense was committed with force or violence or if the
155.20 	complainant was a minor at the time of the offense.
155.21 	
EFFECTIVE DATE. This section is effective August 1, 2005,
155.22 	and applies to crimes committed on or after that date.

155.23 	Sec. 24. Minnesota Statutes 2004, section 611A.19, is
155.24 	amended to read:
155.25 	611A.19 TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY
155.26 	VIRUS.
155.27 		Subdivision 1.Testing on request of victim. (a) Upon
155.28 	the request or with the consent of the victim, the prosecutor
155.29 	shall make a motion in camera and the sentencing court shall
155.30 	issue an order requiring an adult convicted of or a juvenile
155.31 	adjudicated delinquent for violating section 609.342 (criminal
155.32 	sexual conduct in the first degree), 609.343 (criminal sexual
155.33 	conduct in the second degree), 609.344 (criminal sexual conduct
155.34 	in the third degree), 609.345 (criminal sexual conduct in the
155.35 	fourth degree), or any other violent crime, as defined in
155.36 	section 609.1095, to submit to testing to determine the presence
156.1 	of human immunodeficiency virus (HIV) antibody if:
156.2 	(1) the crime involved sexual penetration, however slight,
156.3 	as defined in section 609.341, subdivision 12; or
156.4 	(2) evidence exists that the broken skin or mucous membrane
156.5 	of the victim was exposed to or had contact with the offender's
156.6 	semen or blood during the commission of the crime in a manner
156.7 	which has been demonstrated epidemiologically to transmit the
156.8 	human immunodeficiency virus (HIV).
156.9 	(b) When the court orders an offender to submit to testing
156.10 	under paragraph (a), the court shall order that the test be
156.11 	performed by an appropriate health professional who is trained
156.12 	to provide the counseling described in section 144.7414, and
156.13 	that no reference to the test, the motion requesting the test,
156.14 	the test order, or the test results may appear in the criminal
156.15 	record or be maintained in any record of the court or court
156.16 	services, except in the medical record maintained by the
156.17 	Department of Corrections.
156.18 	(c) The order shall include the name and contact
156.19 	information of the victim's choice of health care provider.
156.20 		Subd. 2.Disclosure of test results. The date and
156.21 	results of a test performed under subdivision 1 are private data
156.22 	as defined in section 13.02, subdivision 12, when maintained by
156.23 	a person subject to chapter 13, or may be released only with the
156.24 	subject's consent, if maintained by a person not subject to
156.25 	chapter 13.  The results are available, on request, to the
156.26 	victim or, if the victim is a minor, to the victim's parent or
156.27 	guardian and positive test results shall be reported to the
156.28 	commissioner of health. Unless the subject of the test is an
156.29 	inmate at a state correctional facility,any test results given
156.30 	to a victim or victim's parent or guardian shall be provided by
156.31 	a health professional who is trained to provide the counseling
156.32 	described in section 144.7414. If the subject of the test is an
156.33 	inmate at a state correctional facility, test results shall be
156.34 	given by the Department of Corrections' medical director to the
156.35 	victim's health care provider who shall give the results to the
156.36 	victim or victim's parent or guardian.Data regarding
157.1 	administration and results of the test are not accessible to any
157.2 	other person for any purpose and shall not be maintained in any
157.3 	record of the court or court services or any other record.
157.4 	After the test results are given to the victim or the victim's
157.5 	parent or guardian, data on the test must be removed from any
157.6 	medical data or health records maintained under section 13.384
157.7 	or 144.335 and destroyed, except for those medical records
157.8 	maintained by the Department of Corrections.
157.9 	
EFFECTIVE DATE. This section is effective July 1, 2005.

157.10 	Sec. 25. Minnesota Statutes 2004, section 611A.53,
157.11 	subdivision 1b, is amended to read:
157.12 		Subd. 1b.Minnesota residents injured elsewhere.  (a) A
157.13 	Minnesota resident who is the victim of a crime committed
157.14 	outside the geographical boundaries of this state but who
157.15 	otherwise meets the requirements of this section shall have the
157.16 	same rights under this chapter as if the crime had occurred
157.17 	within this state upon a showing that the state, territory, or 
157.18 	United States possession, country, or political subdivision of a
157.19 	country in which the crime occurred does not have a crime victim
157.20 	reparations law covering the resident's injury or death.
157.21 	(b) Notwithstanding paragraph (a), a Minnesota resident who
157.22 	is the victim of a crime involving international terrorism who
157.23 	otherwise meets the requirements of this section has the same
157.24 	rights under this chapter as if the crime had occurred within
157.25 	this state regardless of where the crime occurred or whether the
157.26 	jurisdiction has a crime victims reparations law.
157.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
157.28 	and applies to those seeking reparations on or after that date.

157.29 	Sec. 26. SPECIAL REVENUE SPENDING AUTHORIZATION FROM
157.30 	CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.
 157.31 	Remaining balances in the special revenue fund from
157.32 	spending authorized by Laws 2001, First Special Session chapter
157.33 	8, article 7, section 14, subdivision 1, for which spending
157.34 	authorization ended June 30, 2003, under Laws 2001, First
157.35 	Special Session, chapter 8, article 7, section 14, subdivision
157.36 	3, are transferred to the general fund.

158.1 	EFFECTIVE DATE. This section is effective July 1, 2005.

158.2 	Sec. 27. HOMELESSNESS PILOT PROJECTS; GRANTS.
 158.3 		Subdivision 1.Grants. The commissioner of public
158.4 	safety, in consultation with the director of ending long-term
158.5 	homelessness, the Ending Long-Term Homelessness Advisory
158.6 	Council, and the Department of Human Services Office of Economic
158.7 	Opportunity, shall award grants to organizations that provide
158.8 	homeless outreach and a bridge to stable housing and services
158.9 	for the homeless.  At a minimum, the commissioner shall award
158.10 	grants to qualified applicants in Hennepin County, Ramsey
158.11 	County, and one county outside the seven-county metropolitan
158.12 	area.  An entity outside the seven-county metropolitan area
158.13 	receiving a grant under this section shall provide a 25 percent
158.14 	match.  An entity within the seven-county metropolitan area
158.15 	receiving a grant under this section shall provide a 50 percent
158.16 	match.  Grants must be used for homelessness pilot projects of a
158.17 	two-year duration that reduce recidivism and promote stronger
158.18 	communities through street and shelter outreach to connect
158.19 	people experiencing homelessness to housing and services.
158.20 		Subd. 2.Applications. An applicant for a grant under
158.21 	subdivision 1 must establish that:
158.22 	(1) the applicant is experienced in homeless outreach
158.23 	services and will have staff qualified to work with people with
158.24 	serious mental illness, chemical dependency, and other factors
158.25 	contributing to homelessness;
158.26 	(2) the applicant employs outreach staff who are trained
158.27 	and qualified to work with racially and culturally diverse
158.28 	populations;
158.29 	(3) outreach services will be targeted to, but not limited
158.30 	to, people experiencing long-term homelessness, and people who
158.31 	have had repeated interactions with law enforcement;
158.32 	(4) outreach services will provide intervention strategies
158.33 	linking people to housing and services as an alternative to
158.34 	arrest;
158.35 	(5) the applicant has a plan to connect people experiencing
158.36 	homelessness to services for which they may be eligible such as
159.1 	supplemental security income, veterans benefits, health care,
159.2 	housing assistance, and long-term support programs for those
159.3 	with serious mental illness;
159.4 	(6) the applicant's project will promote community
159.5 	collaboration with local law enforcement, local and county
159.6 	governments, social services providers, mental health crisis
159.7 	providers, and other community organizations to address
159.8 	homelessness;
159.9 	(7) the applicant has a plan to leverage resources from the
159.10 	entities listed in clause (6) and other private sources to
159.11 	accomplish the goal of moving people into housing and services;
159.12 	and 
159.13 	(8) the applicant has a plan for evaluation of the
159.14 	applicant's pilot project that is designed to measure the
159.15 	program's effectiveness in connecting people experiencing
159.16 	homelessness to housing and services and reducing the use of
159.17 	public safety and corrections resources.
159.18 		Subd. 3.Annual report. Grant recipients shall report to
159.19 	the commissioner by June 30, 2006, and June 30, 2007, on the
159.20 	services provided, expenditures of grant money, and an
159.21 	evaluation of the program's success in:  (1) connecting
159.22 	individuals experiencing homelessness to housing and services;
159.23 	and (2) reducing the use of public safety and corrections
159.24 	resources.  The commissioner shall submit reports to the chairs
159.25 	and ranking minority members of the house of representatives and
159.26 	senate committees having jurisdiction over public safety and
159.27 	health and human services by November 1, 2006, and November 1,
159.28 	2007.  The commissioner's reports must explain how the grant
159.29 	proceeds were used and evaluate the effectiveness of the pilot
159.30 	projects funded by the grants.
159.31 	
EFFECTIVE DATE. This section is effective July 1, 2005.

159.32 	Sec. 28. TRANSFER OF RESPONSIBILITIES.
 159.33 	The responsibility of the Department of Employment and
159.34 	Economic Development for the youth intervention program is
159.35 	transferred to the Department of Public Safety.

159.36 	EFFECTIVE DATE. This section is effective July 1, 2005.

160.1 	Sec. 29. REVISOR INSTRUCTION.
 160.2 	The revisor of statutes shall renumber Minnesota Statutes,
160.3 	section 116L.30 as section 299A.73.  The revisor shall also make
160.4 	necessary cross-reference changes consistent with the
160.5 	renumbering.

160.6 	EFFECTIVE DATE. This section is effective July 1, 2005.

160.7 	ARTICLE 9
160.8 	FIRE MARSHAL

160.9 	Section 1. Minnesota Statutes 2004, section 84.362, is
160.10 	amended to read:
160.11 	84.362 REMOVAL OF STRUCTURES.
160.12 	Until after the sale of any parcel of tax-forfeited land,
160.13 	whether classified as agricultural or nonagricultural hereunder,
160.14 	the county auditor may, with the approval of the commissioner,
160.15 	provide:
160.16 	(1) for the sale or demolition of any structure located
160.17 	thereon, which on the land that has been determined by the
160.18 	county board to be within the purview of section 299F.10,
160.19 	especially liable to fire or so situated as to endanger life or
160.20 	limb or other buildings or property in the vicinity because of
160.21 	age, dilapidated condition, defective chimney, defective
160.22 	electric wiring, any gas connection, heating apparatus, or other
160.23 	defect;and
160.24 	(2) for the sale of salvage material, if any, therefrom.

160.25 	EFFECTIVE DATE. This section is effective July 1, 2005.

160.26 	Sec. 2. Minnesota Statutes 2004, section 231.08,
160.27 	subdivision 5, as added by Laws 2005, chapter 92, section 3, is
160.28 	amended to read:
160.29 		Subd. 5.Fire protection. All warehouses must be
160.30 	protected against fire by an automatic device or fire
160.31 	extinguishers in accordance with the State Fire Code.

160.32 	Sec. 3. Minnesota Statutes 2004, section 282.04,
160.33 	subdivision 2, is amended to read:
160.34 		Subd. 2.Rights before sale; improvements, insurance,
160.35 	demolition. (a) Before the sale of a parcel of forfeited land
160.36 	the county auditor may, with the approval of the county board of
161.1 	commissioners, provide for the repair and improvement of any
161.2 	building or structure located upon the parcel, and may provide
161.3 	for maintenance of tax-forfeited lands, if it is determined by
161.4 	the county board that such repairs, improvements, or maintenance
161.5 	are necessary for the operation, use, preservation,and safety
161.6 	of the building or structure.
161.7 	(b) If so authorized by the county board, the county
161.8 	auditor may insure the building or structure against loss or
161.9 	damage resulting from fire or windstorm, may purchase workers'
161.10 	compensation insurance to insure the county against claims for
161.11 	injury to the persons employed in the building or structure by
161.12 	the county, and may insure the county, its officers and
161.13 	employees against claims for injuries to persons or property
161.14 	because of the management, use,or operation of the building or
161.15 	structure.
161.16 	(c) The county auditor may, with the approval of the county
161.17 	board, provide:
161.18 	(1) for the demolition of the building or structure, which
161.19 	has been determined by the county board to be within the purview
161.20 	of section 299F.10,especially liable to fire or so situated as
161.21 	to endanger life or limb or other buildings or property in the
161.22 	vicinity because of age, dilapidated condition, defective
161.23 	chimney, defective electric wiring, any gas connection, heating
161.24 	apparatus, or other defect;and
161.25 	(2) for the sale of salvaged materials from the building or
161.26 	structure.
161.27 	(d) The county auditor, with the approval of the county
161.28 	board, may provide for the sale of abandoned personal property.
161.29 	The sale may be made by the sheriff using the procedures for the
161.30 	sale of abandoned property in section 345.15 or by the county
161.31 	auditor using the procedures for the sale of abandoned property
161.32 	in section 504B.271.  The net proceeds from any sale of the
161.33 	personal property, salvaged materials, timber or other products,
161.34 	or leases made under this law must be deposited in the forfeited
161.35 	tax sale fund and must be distributed in the same manner as if
161.36 	the parcel had been sold.
162.1 	(e) The county auditor, with the approval of the county
162.2 	board, may provide for the demolition of any structure on
162.3 	tax-forfeited lands, if in the opinion of the county board, the
162.4 	county auditor, and the land commissioner, if there is one, the
162.5 	sale of the land with the structure on it, or the continued
162.6 	existence of the structure by reason of age, dilapidated
162.7 	condition or excessive size as compared with nearby structures,
162.8 	will result in a material lessening of net tax capacities of
162.9 	real estate in the vicinity of the tax-forfeited lands, or if
162.10 	the demolition of the structure or structures will aid in
162.11 	disposing of the tax-forfeited property.
162.12 	(f) Before the sale of a parcel of forfeited land located
162.13 	in an urban area, the county auditor may with the approval of
162.14 	the county board provide for the grading of the land by filling
162.15 	or the removal of any surplus material from it.  If the physical
162.16 	condition of forfeited lands is such that a reasonable grading
162.17 	of the lands is necessary for the protection and preservation of
162.18 	the property of any adjoining owner, the adjoining property
162.19 	owner or owners may apply to the county board to have the
162.20 	grading done.  If, after considering the application, the county
162.21 	board believes that the grading will enhance the value of the
162.22 	forfeited lands commensurate with the cost involved, it may
162.23 	approve it, and the work must be performed under the supervision
162.24 	of the county or city engineer, as the case may be, and the
162.25 	expense paid from the forfeited tax sale fund.
162.26 	
EFFECTIVE DATE. This section is effective July 1, 2005.

162.27 	Sec. 4. Minnesota Statutes 2004, section 299F.011,
162.28 	subdivision 7, is amended to read:
162.29 		Subd. 7.Fees. A fee of $100 shall be charged by The
162.30 	state fire marshal shall charge a fee of $100 for each plan
162.31 	review involving:
162.32 	(1) flammable liquids under Minnesota Rules, part
162.33 	7510.3650;
162.34 	(2) motor vehicle fuel-dispensing stations under Minnesota
162.35 	Rules, part 7510.3610; or
162.36 	(3) liquefied petroleum gases under Minnesota Rules, part
163.1 	7510.3670.
163.2 	
EFFECTIVE DATE. This section is effective July 1, 2005.

163.3 	Sec. 5. Minnesota Statutes 2004, section 299F.014, is
163.4 	amended to read:
163.5 	299F.014 RULES FOR CERTAIN PETROLEUM STORAGE TANKS; TANK
163.6 	VEHICLE PARKING.
163.7 	(a) Any rule of the commissioner of public safety that
163.8 	adopts provisions of the Uniform State Fire Code relating to
163.9 	aboveground tanks for petroleum storage that are not used for
163.10 	dispensing to the public is superseded by Minnesota Rules,
163.11 	chapter 7151, in regard to:  secondary containment, substance
163.12 	transfer areas, tank and piping standards, overfill protection,
163.13 	corrosion protection, leak detection, labeling, monitoring,
163.14 	maintenance, record keeping, and decommissioning.  If Minnesota
163.15 	Rules, chapter 7151, does not address an issue relating to
163.16 	aboveground tanks for petroleum storage that are not used for
163.17 	dispensing to the public, any applicable provision of the
163.18 	Uniform State Fire Code, 1997 Edition, shall apply applies.
163.19 	(b) A motorized tank vehicle used to transport petroleum
163.20 	products may be parked within 500 feet of a residence if the
163.21 	vehicle is parked at an aboveground tank facility used for
163.22 	dispensing petroleum into cargo tanks for sale at another
163.23 	location.

163.24 	EFFECTIVE DATE. This section is effective July 1, 2005.

163.25 	Sec. 6. Minnesota Statutes 2004, section 299F.05, is
163.26 	amended to read:
163.27 	299F.05 LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.
163.28 		Subdivision 1.Investigation, arrest, and prosecution.
 163.29 	The state fire marshal,On determining that reasonable grounds
163.30 	exist to believe that a violation of sections 609.561 to 609.576
163.31 	has occurred,or reasonable grounds to believe that some other
163.32 	crime has occurred in connection with a fire investigated
163.33 	pursuant to section 299F.04, the state fire marshal shall so
163.34 	inform the superintendent of the Bureau of Criminal
163.35 	Apprehension.  The superintendent law enforcement authority
163.36 	having jurisdiction, who shall cooperate with the fire marshal
164.1 	and local fire officials in further investigating the reported
164.2 	incident in a manner which that may include supervising and
164.3 	directing the subsequent criminal investigation,and taking the
164.4 	testimony on oath of all persons supposed to be cognizant of any
164.5 	facts relating to the matter under investigation. If the
164.6 	superintendent believes On determining that there is evidence
164.7 	sufficient to charge any person with a violation of sections
164.8 	609.561 to 609.576, or of any other crime in connection with an
164.9 	investigated fire, the superintendent authority having
164.10 	jurisdiction shall arrest or cause have the person to be 
164.11 	arrested and charged with the offense and furnish to the proper
164.12 	prosecuting attorney all relevant evidence, together with the
164.13 	copy of all names of witnesses and all the information obtained
164.14 	by the superintendent authority or the state fire marshal,
164.15 	including a copy of all pertinent and material testimony taken
164.16 	in the case.
164.17 		Subd. 2.Information system. The state fire marshal and
164.18 	the superintendent of the Bureau of Criminal Apprehension shall
164.19 	maintain a record of arrests, charges filed, and final
164.20 	disposition of all fires reported and investigated under
164.21 	sections 299F.04 and 299F.05.  For this purpose, the Department
164.22 	of Public Safety shall implement a single reporting system shall
164.23 	be implemented by the Department of Public Safety utilizing the
164.24 	systems operated by the fire marshal and the bureau.  The system
164.25 	shall must be operated in such a way as to minimize duplication
164.26 	and discrepancies in reported figures.
164.27 	
EFFECTIVE DATE. This section is effective July 1, 2005.

164.28 	Sec. 7. Minnesota Statutes 2004, section 299F.051,
164.29 	subdivision 4, is amended to read:
164.30 		Subd. 4.Cooperative investigation; reimbursement.  The
164.31 	state fire marshal and the superintendent of the Bureau of
164.32 	Criminal Apprehension shall encourage the cooperation of local
164.33 	firefighters and peace officers in the investigation of
164.34 	violations of sections 609.561 to 609.576 or other crimes
164.35 	associated with reported fires in all appropriate ways,
164.36 	including providing reimbursement to political subdivisions at a
165.1 	rate not to exceed 50 percent of the salaries of peace officers
165.2 	and firefighters for time spent in attending fire investigation
165.3 	training courses offered by the arson training unit.  Volunteer
165.4 	firefighters from a political subdivision shall be reimbursed at
165.5 	the rate of $35 per day plus expenses incurred in attending fire
165.6 	investigation training courses offered by the arson training
165.7 	unit.  Reimbursement shall be made only in the event that both a
165.8 	peace officer and a firefighter from the same political
165.9 	subdivision attend the same training course.  The reimbursement
165.10 	shall be subject to the limitation of funds appropriated and
165.11 	available for expenditure.  The state fire marshal and the
165.12 	superintendent also shall encourage local firefighters and peace
165.13 	officers to seek assistance from the arson strike force
165.14 	established in section 299F.058.
165.15 	
EFFECTIVE DATE. This section is effective July 1, 2005.

165.16 	Sec. 8. Minnesota Statutes 2004, section 299F.06,
165.17 	subdivision 1, is amended to read:
165.18 		Subdivision 1.Summon witnesses; produce documentary
165.19 	evidence.  (a) In order to establish if reasonable grounds exist
165.20 	to believe that a violation of sections 609.561 to 609.576,has
165.21 	occurred, or to determine compliance with the Uniform State Fire
165.22 	Code or corrective orders issued thereunder under that code, the
165.23 	state fire marshal and the staff designated by the state fire
165.24 	marshal shall have the power ,in any county of the state to , may 
165.25 	summon and compel the attendance of witnesses to testify before
165.26 	the state fire marshal, chief assistant fire marshal, or deputy
165.27 	state fire marshals,and may require the production of any book,
165.28 	paper, or document deemed pertinent. The state fire marshal may
165.29 	also designate certain individuals from fire departments in
165.30 	cities of the first class and cities of the second class as
165.31 	having the powers set forth in this paragraph.  These designated
165.32 	individuals may only exercise their powers in a manner
165.33 	prescribed by the state fire marshal.  "Fire department" has the
165.34 	meaning given in section 299F.092, subdivision 6.  "Cities of
165.35 	the first class" and "cities of the second class" have the
165.36 	meanings given in section 410.01.
166.1 	(b) A summons issued under this subdivision shall must be
166.2 	served in the same manner and have has the same effect as
166.3 	subpoenas a subpoena issued from a district courts court.  All
166.4 	witnesses shall must receive the same compensation as is paid to
166.5 	witnesses in district courts, which shall must be paid out of
166.6 	the fire marshal fund upon vouchers a voucher certificate signed
166.7 	by the state fire marshal, chief assistant fire marshal, or
166.8 	deputy fire marshal before whom any witnesses shall have
166.9 	attended and this officer shall, at the close of the
166.10 	investigation wherein in which the witness was subpoenaed,
166.11 	certify to the attendance and mileage of the witness, which .
166.12 	This certificate shall must be filed in the Office of the State
166.13 	Fire Marshal.  All investigations held by or under the direction
166.14 	of the state fire marshal,or any subordinate,may,in the state
166.15 	fire marshal's discretion,be private and persons other than
166.16 	those required to be present by the provisions of this chapter
166.17 	may be excluded from the place where the investigation is held,
166.18 	and witnesses may be kept separate and apart from each other and
166.19 	not allowed to communicate with each other until they have been
166.20 	examined.
166.21 	
EFFECTIVE DATE. This section is effective July 1, 2005.

166.22 	Sec. 9. Minnesota Statutes 2004, section 299F.19,
166.23 	subdivision 1, is amended to read:
166.24 		Subdivision 1.Rules.  The commissioner of public safety
166.25 	shall adopt rules for the safekeeping, storage, handling, use,
166.26 	or other disposition of flammable liquids, flammable gases,
166.27 	blasting agents,and explosives.  Loads carried in or on
166.28 	vehicles transporting such these products upon public highways
166.29 	within this state shall be are governed by the uniform vehicle
166.30 	size and weights provisions in sections 169.80 to 169.88 and the
166.31 	transportation of hazardous materials provisions of section
166.32 	221.033. The rules for flammable liquids and flammable gases
166.33 	shall be distinguished from each other and from the rules
166.34 	covering other materials subject to regulation under this
166.35 	subdivision.
166.36 	
EFFECTIVE DATE. This section is effective July 1, 2005.

167.1 	Sec. 10. Minnesota Statutes 2004, section 299F.19,
167.2 	subdivision 2, is amended to read:
167.3 		Subd. 2.Blasting agent defined; explosives classified.
 167.4 	(a) For the purposes of this section,and the rules adopted
167.5 	pursuant thereto, the term to this section:
167.6 	(a) " Blasting agent " means any material or mixture,
167.7 	consisting of a fuel and oxidizer, intended for blasting, not
167.8 	otherwise classified as an explosive and in which none of the
167.9 	ingredients is classified as an explosive,;providing that,the
167.10 	finished product, as mixed and packaged for use or shipment,
167.11 	cannot be detonated by means of a number 8 test blasting cap
167.12 	when unconfined. The term " Blasting agent " does not include
167.13 	flammable liquids or flammable gases.
167.14 	(b) For the purposes of this section, and the rules adopted
167.15 	pursuant thereto,"Explosive" means any chemical compound,
167.16 	mixture, or device, the primary or common purpose of which is to
167.17 	function by explosion.  The term includes, but is not limited
167.18 	to, dynamite, black powder, pellet powder, initiating
167.19 	explosives, detonators, safety fuses, squibs, detonating cord,
167.20 	igniter cord, igniters, display fireworks, and class 1.3G
167.21 	fireworks (formerly classified as Class B special fireworks).
167.22 	"Explosive" includes any material determined to be within the
167.23 	scope of United States Code, title 18, chapter 40, and also
167.24 	includes any material classified as an explosive other than
167.25 	consumer fireworks, 1.4G (Class C, Common), by the hazardous
167.26 	materials regulations of the United States Department of
167.27 	Transportation (DOTn) in Code of Federal Regulations, title 49.
167.28 	(c) Explosives are divided into three classes four
167.29 	categories and are defined as follows:
167.30 	(1) class A explosives:  possessing detonating or otherwise
167.31 	maximum hazard, such as dynamite, nitroglycerin, picric acid,
167.32 	lead azide, fulminate of mercury, blasting caps, and detonating
167.33 	primers;
167.34 	(2) class B explosives:  possessing flammable hazard, such
167.35 	as propellant explosives (including some smokeless powders),
167.36 	black powder, photographic flash powders, and some special
168.1 	fireworks;
168.2 	(3) class C explosives:  includes certain types of
168.3 	manufactured articles which contain class A, or class B
168.4 	explosives, or both, as components but in restricted quantities.
168.5 	The term explosive or explosives means any chemical compound,
168.6 	mixture or device, the primary or common purpose of which is to
168.7 	function by explosion; that is, with substantially instantaneous
168.8 	release of gas and heat, unless such compound, mixture, or
168.9 	device is otherwise specifically classified by the United States
168.10 	Department of Transportation.  The term explosives includes all
168.11 	material which is classified as class A, class B, and class C
168.12 	explosives by the United States Department of Transportation,
168.13 	and includes, but is not limited to dynamite, black powder,
168.14 	pellet powder, initiating explosives, blasting caps, electric
168.15 	blasting caps, safety fuse, fuse lighters, fuse igniters,
168.16 	squibs, cordeau detonate fuse, instantaneous fuse, igniter cord,
168.17 	igniters, and some special fireworks.  Commercial explosives are
168.18 	those explosives which are intended to be used in commercial or
168.19 	industrial operation.  The term explosives does not include
168.20 	flammable liquids or flammable gases.
168.21 	(1) High explosive:  explosive material, such as dynamite,
168.22 	that can be caused to detonate by means of a number eight test
168.23 	blasting cap when unconfined.
168.24 	(2) Low explosive:  explosive material that will burn or
168.25 	deflagrate when ignited, characterized by a rate of reaction
168.26 	that is less than the speed of sound, including, but not limited
168.27 	to, black powder, safety fuse, igniters, igniter cord, fuse
168.28 	lighters, class 1.3G fireworks (formerly classified as Class B
168.29 	special fireworks), and class 1.3C propellants.
168.30 	(3) Mass-detonating explosives:  division 1.1, 1.2, and 1.5
168.31 	explosives alone or in combination, or loaded into various types
168.32 	of ammunition or containers, most of which can be expected to
168.33 	explode virtually instantaneously when a small portion is
168.34 	subjected to fire, severe concussion, impact, the impulse of an
168.35 	initiating agent, or the effect of a considerable discharge of
168.36 	energy from without.  Materials that react in this manner
169.1 	represent a mass explosion hazard.  Such an explosive will
169.2 	normally cause severe structural damage to adjacent objects.
169.3 	Explosive propagation could occur immediately to other items of
169.4 	ammunition and explosives stored sufficiently close to and not
169.5 	adequately protected from the initially exploding pile with a
169.6 	time interval short enough so that two or more quantities must
169.7 	be considered as one for quantity-distance purposes.
169.8 	(4) United Nations/United States Department of
169.9 	Transportation (UN/DOTn) Class 1 explosives:  the hazard class
169.10 	of explosives that further defines and categorizes explosives
169.11 	under the current system applied by DOTn for all explosive
169.12 	materials into further divisions as follows, with the letter G
169.13 	identifying the material as a pyrotechnic substance or article
169.14 	containing a pyrotechnic substance and similar materials:
169.15 	(i) Division 1.1 explosives have a mass explosion hazard.
169.16 	A mass explosion is one that affects almost the entire load
169.17 	instantaneously.
169.18 	(ii) Division 1.2 explosives have a projection hazard but
169.19 	not a mass explosion hazard.
169.20 	(iii) Division 1.3 explosives have a fire hazard and either
169.21 	a minor blast hazard or a minor projection hazard or both, but
169.22 	not a mass explosion hazard.
169.23 	(iv) Division 1.4 explosives pose a minor explosion
169.24 	hazard.  The explosive effects are largely confined to the
169.25 	package and no projection of fragments of appreciable size or
169.26 	range is to be expected.  An external fire must not cause
169.27 	virtually instantaneous explosion of almost the entire contents
169.28 	of the package.
169.29 	(v) Division 1.5 explosives are very insensitive and are
169.30 	comprised of substances that have a mass explosion hazard, but
169.31 	are so insensitive that there is very little probability of
169.32 	initiation or of transition from burning to detonation under
169.33 	normal conditions of transport.
169.34 	(vi) Division 1.6 explosives are extremely insensitive and
169.35 	do not have a mass explosion hazard, comprised of articles that
169.36 	contain only extremely insensitive detonating substances and
170.1 	that demonstrate a negligible probability of accidental
170.2 	initiation or propagation.
170.3 	
EFFECTIVE DATE. This section is effective July 1, 2005.

170.4 	Sec. 11. Minnesota Statutes 2004, section 299F.362,
170.5 	subdivision 3, is amended to read:
170.6 		Subd. 3.Smoke detector for any dwelling.  Every dwelling
170.7 	unit within a dwelling shall must be provided with a smoke
170.8 	detector meeting the requirements of Underwriters Laboratories,
170.9 	Inc., or approved by the International Conference of Building
170.10 	Officials the State Fire Code.  The detector shall must be
170.11 	mounted in accordance with the rules regarding smoke detector
170.12 	location promulgated adopted under the provisions of subdivision
170.13 	2.  When actuated, the detector shall must provide an alarm in
170.14 	the dwelling unit.
170.15 	
EFFECTIVE DATE. This section is effective July 1, 2005.

170.16 	Sec. 12. Minnesota Statutes 2004, section 299F.362,
170.17 	subdivision 4, is amended to read:
170.18 		Subd. 4.Smoke detector for apartment, lodging house, or
170.19 	hotel.  Every dwelling unit within an apartment house and every
170.20 	guest room in a lodging house or hotel used for sleeping
170.21 	purposes shall must be provided with a smoke detector conforming
170.22 	to the requirements of Underwriters Laboratories, Inc., or
170.23 	approved by the International Conference of Building
170.24 	Officials the State Fire Code.  In dwelling units, detectors
170.25 	shall must be mounted in accordance with the rules regarding
170.26 	smoke detector location promulgated adopted under the provisions
170.27 	of subdivision 2.  When actuated, the detector shall must 
170.28 	provide an alarm in the dwelling unit or guest room.
170.29 	
EFFECTIVE DATE. This section is effective July 1, 2005.

170.30 	Sec. 13. Minnesota Statutes 2004, section 624.22,
170.31 	subdivision 1, is amended to read:
170.32 		Subdivision 1.General requirements; permit;
170.33 	investigation; fee.  (a) Sections 624.20 to 624.25 do not
170.34 	prohibit the supervised display of fireworks by a statutory or
170.35 	home rule charter city, fair association, amusement park, or
170.36 	other organization, except that:
171.1 	(1) a fireworks display may be conducted only when
171.2 	supervised by an operator certified by the state fire marshal;
171.3 	and
171.4 	(2) a fireworks display must either be given by a
171.5 	municipality or fair association within its own limits, or by
171.6 	any other organization, whether public or private, only after a
171.7 	permit for the display has first been secured.
171.8 	(b) An application for a permit for an outdoor fireworks
171.9 	display must be made in writing to the municipal clerk at least
171.10 	15 days in advance of the date of the display and must list the
171.11 	name of an operator who is certified by the state fire marshal
171.12 	and will supervise the display.  The application must be
171.13 	promptly referred to the chief of the fire department, who shall
171.14 	make an investigation to determine whether the operator of the
171.15 	display is competent and is certified by the state fire marshal,
171.16 	and whether the display is of such a character and is to be so
171.17 	located, discharged, or fired that it will not be hazardous to
171.18 	property or endanger any person.  The fire chief shall report
171.19 	the results of this investigation to the clerk.  If the fire
171.20 	chief reports that the operator is certified, that in the
171.21 	chief's opinion the operator is competent, and that the
171.22 	fireworks display as planned will conform to the safety
171.23 	guidelines of the state fire marshal provided for in paragraph
171.24 	(f), the clerk shall issue a permit for the display when the
171.25 	applicant pays a permit fee.
171.26 	(c) When the supervised outdoor fireworks display for which
171.27 	a permit is sought is to be held outside the limits of an
171.28 	incorporated municipality, the application must be made to the
171.29 	county auditor, and the auditor shall perform duties imposed by
171.30 	sections 624.20 to 624.25 upon the clerk of the municipality.
171.31 	When an application is made to the auditor, the county sheriff
171.32 	shall perform the duties imposed on the fire chief of the
171.33 	municipality by sections 624.20 to 624.25.
171.34 	(d) An application for an indoor fireworks display permit
171.35 	must be made in writing to the state fire marshal by the
171.36 	operator of the facility in which the display is to occur at
172.1 	least 15 days in advance of the date of any performance, show,
172.2 	or event which will include the discharge of fireworks inside a
172.3 	building or structure.  The application must list the name of an
172.4 	operator who is certified by the state fire marshal and will
172.5 	supervise the display.  The state fire marshal shall make an
172.6 	investigation to determine whether the operator of the display
172.7 	is competent and is properly certified and whether the display
172.8 	is of such a character and is to be so located, discharged, or
172.9 	fired that it will not be hazardous to property or endanger any
172.10 	person.  If the state fire marshal determines that the operator
172.11 	is certified and competent, that the indoor fireworks display as
172.12 	planned will conform to the safety guidelines provided for in
172.13 	paragraph (f), and that adequate notice will be given to inform
172.14 	patrons of the indoor fireworks display, the state fire marshal
172.15 	shall issue a permit for the display when the applicant pays an
172.16 	indoor fireworks fee of $150 and reimburses the fire marshal for
172.17 	costs of inspection.  Receipts from the indoor fireworks fee and
172.18 	inspection reimbursements must be deposited in the general fund
172.19 	as a nondedicated receipt.  The state fire marshal may issue a
172.20 	single permit for multiple indoor fireworks displays when all of
172.21 	the displays are to take place at the same venue as part of a
172.22 	series of performances by the same performer or group of
172.23 	performers.  A copy of the application must be promptly conveyed
172.24 	to the chief of the local fire department, who shall make
172.25 	appropriate preparations to ensure public safety in the vicinity
172.26 	of the display.  The operator of a facility where an indoor
172.27 	fireworks display occurs must provide notice in a prominent
172.28 	place as approved by the state fire marshal to inform patrons
172.29 	attending a performance when indoor fireworks will be part of
172.30 	that performance.  The state fire marshal may grant a local fire
172.31 	chief the authority to issue permits for indoor fireworks
172.32 	displays.  Before issuing a permit, a local fire chief must make
172.33 	the determinations required in this paragraph.
172.34 	(e) After a permit has been granted under either paragraph
172.35 	(b) or (d), sales, possession, use and distribution of fireworks
172.36 	for a display are lawful for that purpose only.  A permit is not
173.1 	transferable.
173.2 	(f) The state fire marshal shall adopt and disseminate to
173.3 	political subdivisions rules establishing guidelines on
173.4 	fireworks display safety that are consistent with sections
173.5 	624.20 to 624.25 and the most recent editions edition of the
173.6 	Minnesota Uniform State Fire Code and the National Fire
173.7 	Protection Association Standards, to insure that fireworks
173.8 	displays are given safely.  In the guidelines, the state fire
173.9 	marshal shall allow political subdivisions to exempt the use of
173.10 	relatively safe fireworks for theatrical special effects,
173.11 	ceremonial occasions, and other limited purposes, as determined
173.12 	by the state fire marshal.
173.13 	
EFFECTIVE DATE. This section is effective July 1, 2005.

173.14 	Sec. 14. INSTRUCTION TO REVISOR.
 173.15 	The revisor of statutes shall change the terms "Minnesota
173.16 	Uniform Fire Code" and "Uniform Fire Code" to "State Fire Code"
173.17 	where found in Minnesota Statutes, sections 16B.61, subdivision
173.18 	2; 126C.10, subdivision 14; 136F.61; 245A.151; 299F.011,
173.19 	subdivisions 1, 4, 4b, 4c, 5, and 6; 299F.013; 299F.015,
173.20 	subdivision 1; 299F.06, subdivision 1; 299F.092, subdivision 6;
173.21 	299F.093, subdivision 1; 299F.362, subdivision 6; 299F.391,
173.22 	subdivisions 2 and 3; 299M.12; 414.0325, subdivision 5; and
173.23 	462.3585.

173.24 	EFFECTIVE DATE. This section is effective July 1, 2005.

173.25 	Sec. 15. REPEALER.
 173.26 	Minnesota Statutes 2004, sections 69.011, subdivision 5;
173.27 	299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
173.28 	299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451;
173.29 	and 299F.452, are repealed.

173.30 	EFFECTIVE DATE. This section is effective July 1, 2005.

173.31 	ARTICLE 10
173.32 	911 EMERGENCY TELECOMMUNICATIONS SERVICES

173.33 	Section 1. [237.491] COMBINED PER NUMBER FEE.
173.34 		Subdivision 1.Definitions. (a) The definitions in this
173.35 	subdivision apply to this section.
173.36 	(b) "911 emergency and public safety communications program"
174.1 	means the program governed by chapter 403.
174.2 	(c) "Minnesota telephone number" means a ten-digit
174.3 	telephone number being used to connect to the public switched
174.4 	telephone network and starting with area code 218, 320, 507,
174.5 	612, 651, 763, or 952, or any subsequent area code assigned to
174.6 	this state.
174.7 	(d) "Service provider" means a provider doing business in
174.8 	this state who provides real time, two-way voice service with a
174.9 	Minnesota telephone number.
174.10 	(e) "Telecommunications access Minnesota program" means the
174.11 	program governed by sections 237.50 to 237.55.
174.12 	(f) "Telephone assistance program" means the program
174.13 	governed by sections 237.69 to 237.711.
174.14 		Subd. 2.Per number fee. (a) By January 15, 2006, the
174.15 	commissioner of commerce shall report to the legislature and to
174.16 	the senate Committee on Jobs, Energy, and Community Development
174.17 	and the house Committee on Regulated Industries, recommendations
174.18 	for the amount of and method for assessing a fee that would
174.19 	apply to each service provider based upon the number of
174.20 	Minnesota telephone numbers in use by current customers of the
174.21 	service provider.  The fee would be set at a level calculated to
174.22 	generate only the amount of revenue necessary to fund:
174.23 	(1) the telephone assistance program and the
174.24 	telecommunications access Minnesota program at the levels
174.25 	established by the commission under sections 237.52, subdivision
174.26 	2, and 237.70; and 
174.27 	(2) the 911 emergency and public safety communications
174.28 	program at the levels appropriated by law to the commissioner of
174.29 	public safety and the commissioner of finance for purposes of
174.30 	sections 403.11, 403.113, 403.27, 403.30, and 403.31 for each
174.31 	fiscal year.
174.32 	(b) The recommendations must include any changes to
174.33 	Minnesota Statutes necessary to establish the procedures whereby
174.34 	each service provider, to the extent allowed under federal law,
174.35 	would collect and remit the fee proceeds to the commissioner of
174.36 	revenue.  The commissioner of revenue would allocate the fee
175.1 	proceeds to the three funding areas in paragraph (a) and credit
175.2 	the allocations to the appropriate accounts.
175.3 	(c) The recommendations must be designed to allow the
175.4 	combined per telephone number fee to be collected beginning July
175.5 	1, 2006.  The per access line fee used to collect revenues to
175.6 	support the TAP, TAM, and 911 programs remains in effect until
175.7 	the statutory changes necessary to implement the per telephone
175.8 	number fee have been enacted into law and taken effect.
175.9 	(d) As part of the process of developing the
175.10 	recommendations and preparing the report to the legislature
175.11 	required under paragraph (a), the commissioner of commerce must,
175.12 	at a minimum, consult regularly with the Departments of Public
175.13 	Safety, Finance, and Administration, the Public Utilities
175.14 	Commission, service providers, the chairs and ranking minority
175.15 	members of the senate and house committees, subcommittees, and
175.16 	divisions having jurisdiction over telecommunications and public
175.17 	safety, and other affected parties.

175.18 	Sec. 2. Minnesota Statutes 2004, section 237.70,
175.19 	subdivision 7, is amended to read:
175.20 		Subd. 7.Application, notice, financial administration,
175.21 	complaint investigation.  The telephone assistance plan must be
175.22 	administered jointly by the commission, the Department of
175.23 	Commerce, and the local service providers in accordance with the
175.24 	following guidelines:
175.25 	(a) The commission and the Department of Commerce shall
175.26 	develop an application form that must be completed by the
175.27 	subscriber for the purpose of certifying eligibility for
175.28 	telephone assistance plan credits to the local service
175.29 	provider.  The application must contain the applicant's Social
175.30 	Security number.  Applicants who refuse to provide a Social
175.31 	Security number will be denied telephone assistance plan
175.32 	credits.  The application form must also include a statement
175.33 	that the applicant household is currently eligible for one of
175.34 	the programs that confers eligibility for the federal Lifeline
175.35 	Program.  The application must be signed by the applicant,
175.36 	certifying, under penalty of perjury, that the information
176.1 	provided by the applicant is true.
176.2 	(b) Each local service provider shall annually mail a
176.3 	notice of the availability of the telephone assistance plan to
176.4 	each residential subscriber in a regular billing and shall mail
176.5 	the application form to customers when requested.
176.6 	The notice must state the following:
176.7 	YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
176.8 	BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE
176.9 	PROGRAMS.  FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE
176.10 	CONTACT .........
176.11 	(c) An application may be made by the subscriber, the
176.12 	subscriber's spouse, or a person authorized by the subscriber to
176.13 	act on the subscriber's behalf.  On completing the application
176.14 	certifying that the statutory criteria for eligibility are
176.15 	satisfied, the applicant must return the application to the
176.16 	subscriber's local service provider.  On receiving a completed
176.17 	application from an applicant, the subscriber's local service
176.18 	provider shall provide telephone assistance plan credits against
176.19 	monthly charges in the earliest possible month following receipt
176.20 	of the application.  The applicant must receive telephone
176.21 	assistance plan credits until the earliest possible month
176.22 	following the service provider's receipt of information that the
176.23 	applicant is ineligible.
176.24 	If the telephone assistance plan credit is not itemized on the
176.25 	subscriber's monthly charges bill for local telephone service,
176.26 	the local service provider must notify the subscriber of the
176.27 	approval for the telephone assistance plan credit.
176.28 	(d) The commission shall serve as the coordinator of the
176.29 	telephone assistance plan and be reimbursed for its
176.30 	administrative expenses from the surcharge revenue pool.  As the
176.31 	coordinator, the commission shall:
176.32 	(1) establish a uniform statewide surcharge in accordance
176.33 	with subdivision 6;
176.34 	(2) establish a uniform statewide level of telephone
176.35 	assistance plan credit that each local service provider shall
176.36 	extend to each eligible household in its service area;
177.1 	(3) require each local service provider to account to the
177.2 	commission on a periodic basis for surcharge revenues collected
177.3 	by the provider, expenses incurred by the provider, not to
177.4 	include expenses of collecting surcharges, and credits extended
177.5 	by the provider under the telephone assistance plan;
177.6 	(4) require each local service provider to remit surcharge
177.7 	revenues to the Department of Administration Public Safety for
177.8 	deposit in the fund; and
177.9 	(5) remit to each local service provider from the surcharge
177.10 	revenue pool the amount necessary to compensate the provider for
177.11 	expenses, not including expenses of collecting the surcharges,
177.12 	and telephone assistance plan credits.  When it appears that the
177.13 	revenue generated by the maximum surcharge permitted under
177.14 	subdivision 6 will be inadequate to fund any particular
177.15 	established level of telephone assistance plan credits, the
177.16 	commission shall reduce the credits to a level that can be
177.17 	adequately funded by the maximum surcharge.  Similarly, the
177.18 	commission may increase the level of the telephone assistance
177.19 	plan credit that is available or reduce the surcharge to a level
177.20 	and for a period of time that will prevent an unreasonable
177.21 	overcollection of surcharge revenues.
177.22 	(e) Each local service provider shall maintain adequate
177.23 	records of surcharge revenues, expenses, and credits related to
177.24 	the telephone assistance plan and shall, as part of its annual
177.25 	report or separately, provide the commission and the Department
177.26 	of Commerce with a financial report of its experience under the
177.27 	telephone assistance plan for the previous year.  That report
177.28 	must also be adequate to satisfy the reporting requirements of
177.29 	the federal matching plan.
177.30 	(f) The Department of Commerce shall investigate complaints
177.31 	against local service providers with regard to the telephone
177.32 	assistance plan and shall report the results of its
177.33 	investigation to the commission.

177.34 	Sec. 3. Minnesota Statutes 2004, section 403.02,
177.35 	subdivision 7, is amended to read:
177.36 		Subd. 7.Automatic location identification.  "Automatic
178.1 	location identification" means the process of electronically
178.2 	identifying and displaying on a special viewing screen the name
178.3 	of the subscriber and the location, where available, of the
178.4 	calling telephone number to a person answering a 911 emergency
178.5 	call.

178.6 	Sec. 4. Minnesota Statutes 2004, section 403.02,
178.7 	subdivision 13, is amended to read:
178.8 		Subd. 13.Enhanced 911 service.  "Enhanced 911 service"
178.9 	means the use of selective routing,automatic location
178.10 	identification,or local location identification as part of
178.11 	local 911 service provided by an enhanced 911 system consisting
178.12 	of a common 911 network and database and customer data and
178.13 	network components connecting to the common 911 network and
178.14 	database.

178.15 	Sec. 5. Minnesota Statutes 2004, section 403.02,
178.16 	subdivision 17, is amended to read:
178.17 		Subd. 17.911 service.  "911 service" means a
178.18 	telecommunications service that automatically connects a person
178.19 	dialing the digits 911 to an established public safety answering
178.20 	point.  911 service includes:
178.21 	(1) equipment for connecting and outswitching 911 calls
178.22 	within a telephone central office, trunking facilities from the
178.23 	central office to a public safety answering point customer data
178.24 	and network components connecting to the common 911 network and
178.25 	database;
178.26 	(2) common 911 network and database equipment, as
178.27 	appropriate, for automatically selectively routing 911 calls in
178.28 	situations where one telephone central office serves more than
178.29 	one to the public safety answering point serving the caller's
178.30 	jurisdiction; and
178.31 	(3) provision of automatic location identification if the
178.32 	public safety answering point has the capability of providing
178.33 	that service.

178.34 	Sec. 6. Minnesota Statutes 2004, section 403.02, is
178.35 	amended by adding a subdivision to read:
178.36 		Subd. 17a.911 emergency telecommunications service
179.1 	provider. "911 emergency telecommunications service provider"
179.2 	means a telecommunications service provider or other entity,
179.3 	determined by the commissioner to be capable of providing
179.4 	effective and efficient components of the 911 system, that
179.5 	provides all or portions of the network and database for
179.6 	automatically selectively routing 911 calls to the public safety
179.7 	answering point serving the caller's jurisdiction.

179.8 	Sec. 7. Minnesota Statutes 2004, section 403.025,
179.9 	subdivision 3, is amended to read:
179.10 		Subd. 3.wire-line connected telecommunications service
179.11 	provider requirements.  Every owner and operator of a
179.12 	wire-line or wireless circuit switched or packet-based 
179.13 	telecommunications system connected to the public switched
179.14 	telephone network shall design and maintain the system to dial
179.15 	the 911 number without charge to the caller.

179.16 	Sec. 8. Minnesota Statutes 2004, section 403.025,
179.17 	subdivision 7, is amended to read:
179.18 		Subd. 7.Contractual requirements.  (a) The state,
179.19 	together with the county or other governmental agencies
179.20 	operating public safety answering points, shall contract with
179.21 	the appropriate wire-line telecommunications service
179.22 	providers or other entities determined by the commissioner to be
179.23 	capable of providing effective and efficient components of the
179.24 	911 system for the operation, maintenance, enhancement, and
179.25 	expansion of the 911 system.
179.26 	(b) The state shall contract with the appropriate wireless
179.27 	telecommunications service providers for maintaining, enhancing,
179.28 	and expanding the 911 system.
179.29 	(c) The contract language or subsequent amendments to the
179.30 	contract must include a description of the services to be
179.31 	furnished by wireless and wire-line telecommunications service
179.32 	providers to the county or other governmental agencies operating
179.33 	public safety answering points, as well as compensation based on
179.34 	the effective tariff or price list approved by the Public
179.35 	Utilities Commission.  The contract language or subsequent
179.36 	amendments must include the terms of compensation based on the
180.1 	effective tariff or price list filed with the Public Utilities
180.2 	Commission or the prices agreed to by the parties.
180.3 	(d) The contract language or subsequent amendments to
180.4 	contracts between the parties must contain a provision for
180.5 	resolving disputes.

180.6 	Sec. 9. Minnesota Statutes 2004, section 403.05,
180.7 	subdivision 3, is amended to read:
180.8 		Subd. 3.Agreements for service.  Each county and any
180.9 	other governmental agency shall contract with the state and
180.10 	wire-line telecommunications service providers or other entities
180.11 	determined by the commissioner to be capable of providing
180.12 	effective and efficient components of the 911 system for the
180.13 	recurring and nonrecurring costs associated with operating and
180.14 	maintaining 911 emergency communications systems.

180.15 	Sec. 10. Minnesota Statutes 2004, section 403.07,
180.16 	subdivision 3, is amended to read:
180.17 		Subd. 3.Database.  In 911 systems that have been
180.18 	approved by the commissioner for a local location identification
180.19 	database, each wire-line telecommunications service provider
180.20 	shall provide current customer names, service addresses, and
180.21 	telephone numbers to each public safety answering point within
180.22 	the 911 system and shall update the information according to a
180.23 	schedule prescribed by the county 911 plan.  Information
180.24 	provided under this subdivision must be provided in accordance
180.25 	with the transactional record disclosure requirements of the
180.26 	federal Electronic Communications Privacy Act of 1986 1932,
180.27 	United States Code, title 18 47, section 2703 222,
180.28 	subsection (c), paragraph (1), subparagraph (B)(iv) (g).

180.29 	Sec. 11. Minnesota Statutes 2004, section 403.08,
180.30 	subdivision 10, is amended to read:
180.31 		Subd. 10.Plan integration.  Counties shall incorporate
180.32 	the statewide design when modifying county 911 plans to provide
180.33 	for integrating wireless 911 service into existing county 911
180.34 	systems.  The commissioner shall contract with the involved
180.35 	wireless service providers and 911 emergency telecommunications 
180.36 	service providers to integrate cellular and other wireless
181.1 	services into existing 911 systems where feasible.

181.2 	Sec. 12. Minnesota Statutes 2004, section 403.11,
181.3 	subdivision 1, is amended to read:
181.4 		Subdivision 1.Emergency telecommunications service fee;
181.5 	account.  (a) Each customer of a wireless or wire-line switched
181.6 	or packet-based telecommunications service provider connected to
181.7 	the public switched telephone network that furnishes service
181.8 	capable of originating a 911 emergency telephone call is
181.9 	assessed a fee based upon the number of wired or wireless
181.10 	telephone lines, or their equivalent,to cover the costs of
181.11 	ongoing maintenance and related improvements for trunking and
181.12 	central office switching equipment for 911 emergency
181.13 	telecommunications service, plus administrative and staffing
181.14 	costs of the commissioner related to managing the 911 emergency
181.15 	telecommunications service program.  Recurring charges by a
181.16 	wire-line telecommunications service provider for updating the
181.17 	information required by section 403.07, subdivision 3, must be
181.18 	paid by the commissioner if the wire-line telecommunications
181.19 	service provider is included in an approved 911 plan and the
181.20 	charges are made pursuant to tariff, price list, or contract.
181.21 	The fee assessed under this section must also be used for the
181.22 	purpose of offsetting the costs, including administrative and
181.23 	staffing costs, incurred by the State Patrol Division of the
181.24 	Department of Public Safety in handling 911 emergency calls made
181.25 	from wireless phones.
181.26 	(b) Money remaining in the 911 emergency telecommunications
181.27 	service account after all other obligations are paid must not
181.28 	cancel and is carried forward to subsequent years and may be
181.29 	appropriated from time to time to the commissioner to provide
181.30 	financial assistance to counties for the improvement of local
181.31 	emergency telecommunications services.  The improvements may
181.32 	include providing access to 911 service for telecommunications
181.33 	service subscribers currently without access and upgrading
181.34 	existing 911 service to include automatic number identification,
181.35 	local location identification, automatic location
181.36 	identification, and other improvements specified in revised
182.1 	county 911 plans approved by the commissioner.
182.2 	(c) The fee may not be less than eight cents nor more than
182.3 	40 65 cents a month for each customer access line or other basic
182.4 	access service, including trunk equivalents as designated by the
182.5 	Public Utilities Commission for access charge purposes and
182.6 	including wireless telecommunications services.  With the
182.7 	approval of the commissioner of finance, the commissioner of
182.8 	public safety shall establish the amount of the fee within the
182.9 	limits specified and inform the companies and carriers of the
182.10 	amount to be collected.  When the revenue bonds authorized under
182.11 	section 403.27, subdivision 1, have been fully paid or defeased,
182.12 	the commissioner shall reduce the fee to reflect that debt
182.13 	service on the bonds is no longer needed.  The commissioner
182.14 	shall provide companies and carriers a minimum of 45 days'
182.15 	notice of each fee change.  The fee must be the same for all
182.16 	customers.
182.17 	(d) The fee must be collected by each wireless or wire-line
182.18 	telecommunications service provider subject to the fee.  Fees
182.19 	are payable to and must be submitted to the commissioner monthly
182.20 	before the 25th of each month following the month of collection,
182.21 	except that fees may be submitted quarterly if less than $250 a
182.22 	month is due, or annually if less than $25 a month is due.
182.23 	Receipts must be deposited in the state treasury and credited to
182.24 	a 911 emergency telecommunications service account in the
182.25 	special revenue fund.  The money in the account may only be used
182.26 	for 911 telecommunications services.
182.27 	(e) This subdivision does not apply to customers of
182.28 	interexchange carriers.
182.29 	(f) The installation and recurring charges for integrating
182.30 	wireless 911 calls into enhanced 911 systems must be paid by the
182.31 	commissioner if the 911 service provider is included in the
182.32 	statewide design plan and the charges are made pursuant to
182.33 	tariff, price list, or contract.

182.34 	Sec. 13. Minnesota Statutes 2004, section 403.11,
182.35 	subdivision 3, is amended to read:
182.36 		Subd. 3.Method of payment.  (a) Any wireless or
183.1 	wire-line telecommunications service provider incurring
183.2 	reimbursable costs under subdivision 1 shall submit an invoice
183.3 	itemizing rate elements by county or service area to the
183.4 	commissioner for 911 services furnished under tariff, price
183.5 	list, or contract.  Any wireless or wire-line telecommunications
183.6 	service provider is eligible to receive payment for 911 services
183.7 	rendered according to the terms and conditions specified in the
183.8 	contract.  Competitive local exchange carriers holding
183.9 	certificates of authority from the Public Utilities Commission
183.10 	are eligible to receive payment for recurring 911 services
183.11 	provided after July 1, 2001.  The commissioner shall pay the
183.12 	invoice within 30 days following receipt of the invoice unless
183.13 	the commissioner notifies the service provider that the
183.14 	commissioner disputes the invoice.
183.15 	(b) The commissioner shall estimate the amount required to
183.16 	reimburse 911 emergency telecommunications service providers and 
183.17 	wireless and wire-line telecommunications service providers for
183.18 	the state's obligations under subdivision 1 and the governor
183.19 	shall include the estimated amount in the biennial budget
183.20 	request.

183.21 	Sec. 14. Minnesota Statutes 2004, section 403.11,
183.22 	subdivision 3a, is amended to read:
183.23 		Subd. 3a.Timely certification.  A certification must be
183.24 	submitted to the commissioner no later than two years one year 
183.25 	after commencing a new or additional eligible 911 service. Any
183.26 	wireless or wire-line telecommunications service provider
183.27 	incurring reimbursable costs under this section at any time
183.28 	before January 1, 2003, may certify those costs for payment to
183.29 	the commissioner according to this section for a period of 90
183.30 	days after January 1, 2003.  During this period, the
183.31 	commissioner shall reimburse any wireless or wire-line
183.32 	telecommunications service provider for approved, certified
183.33 	costs without regard to any contrary provision of this
183.34 	subdivision Each applicable contract must provide that, if
183.35 	certified expenses under the contract deviate from estimates in
183.36 	the contract by more than ten percent, the commissioner may
184.1 	reduce the level of service without incurring any termination
184.2 	fees.

184.3 	Sec. 15. Minnesota Statutes 2004, section 403.113,
184.4 	subdivision 1, is amended to read:
184.5 		Subdivision 1.Fee.  (a) Each customer receiving service
184.6 	from a wireless or wire-line switched or packet-based 
184.7 	telecommunications service provider connected to the public
184.8 	telephone network that furnishes service capable of originating
184.9 	a 911 emergency telephone call is assessed a fee to fund
184.10 	implementation, operation, maintenance, enhancement, and
184.11 	expansion of enhanced 911 service, including acquisition of
184.12 	necessary equipment and the costs of the commissioner to
184.13 	administer the program.  The actual fee assessed under section
184.14 	403.11 and the enhanced 911 service fee must be collected as one
184.15 	amount and may not exceed the amount specified in section
184.16 	403.11, subdivision 1, paragraph (c).
184.17 	(b) The enhanced 911 service fee must be collected and
184.18 	deposited in the same manner as the fee in section 403.11 and
184.19 	used solely for the purposes of paragraph (a) and subdivision 3.
184.20 	(c) The commissioner, in consultation with counties and 911
184.21 	system users, shall determine the amount of the enhanced 911
184.22 	service fee. The fee must include at least ten cents per month
184.23 	to be distributed under subdivision 2.The commissioner shall
184.24 	inform wireless and wire-line telecommunications service
184.25 	providers that provide service capable of originating a 911
184.26 	emergency telephone call of the total amount of the 911 service
184.27 	fees in the same manner as provided in section 403.11.

184.28 	Sec. 16. Minnesota Statutes 2004, section 403.21,
184.29 	subdivision 8, is amended to read:
184.30 		Subd. 8.Subsystems.  "Subsystems" or "public safety
184.31 	radio subsystems" means systems identified in the plan or a plan
184.32 	developed under section 403.36as subsystems interconnected by
184.33 	the system backbone in subsequent phases and operated by the
184.34 	Metropolitan Radio Board, a regional radio board, or local
184.35 	government units for their own internal operations.

184.36 	Sec. 17. Minnesota Statutes 2004, section 403.27,
185.1 	subdivision 1, is amended to read:
185.2 		Subdivision 1.Authorization. (a) After consulting with
185.3 	the commissioner of finance, the council, if requested by a vote
185.4 	of at least two-thirds of all of the members of the Metropolitan
185.5 	Radio Board, may, by resolution, authorize the issuance of its
185.6 	revenue bonds for any of the following purposes to:
185.7 	(1) provide funds for regionwide mutual aid and emergency
185.8 	medical services communications;
185.9 	(2) provide funds for the elements of the first phase of
185.10 	the regionwide public safety radio communication system that the
185.11 	board determines are of regionwide benefit and support mutual
185.12 	aid and emergency medical services communication including, but
185.13 	not limited to, costs of master controllers of the backbone;
185.14 	(3) provide money for the second phase of the public safety
185.15 	radio communication system;
185.16 	(4) to the extent money is available after meeting the
185.17 	needs described in clauses (1) to (3), provide money to
185.18 	reimburse local units of government for amounts expended for
185.19 	capital improvements to the first phase system previously paid
185.20 	for by the local government units; or
185.21 	(5) refund bonds issued under this section.
185.22 	(b) After consulting with the commissioner of finance, the
185.23 	council, if requested by a vote of at least two-thirds of all of
185.24 	the members of the Statewide Radio Board, may, by resolution,
185.25 	authorize the issuance of its revenue bonds to provide money for
185.26 	the third phase of the public safety radio communication system.

185.27 	Sec. 18. Minnesota Statutes 2004, section 403.27,
185.28 	subdivision 3, is amended to read:
185.29 		Subd. 3.Limitations.  (a) The principal amount of the
185.30 	bonds issued pursuant to subdivision 1, exclusive of any
185.31 	original issue discount, shall not exceed the amount of
185.32 	$10,000,000 plus the amount the council determines necessary to
185.33 	pay the costs of issuance, fund reserves, debt service, and pay
185.34 	for any bond insurance or other credit enhancement.
185.35 	(b) In addition to the amount authorized under paragraph
185.36 	(a), the council may issue bonds under subdivision 1 in a
186.1 	principal amount of $3,306,300, plus the amount the council
186.2 	determines necessary to pay the cost of issuance, fund reserves,
186.3 	debt service, and any bond insurance or other credit
186.4 	enhancement.  The proceeds of bonds issued under this paragraph
186.5 	may not be used to finance portable or subscriber radio sets.
186.6 	(c) In addition to the amount authorized under paragraphs
186.7 	(a) and (b), the council may issue bonds under subdivision 1 in
186.8 	a principal amount of $18,000,000, plus the amount the council
186.9 	determines necessary to pay the costs of issuance, fund
186.10 	reserves, debt service, and any bond insurance or other credit
186.11 	enhancement.  The proceeds of bonds issued under this paragraph
186.12 	must be used to pay up to 50 percent of the cost to a local
186.13 	government unit of building a subsystem and may not be used to
186.14 	finance portable or subscriber radio sets.  The bond proceeds
186.15 	may be used to make improvements to an existing 800 MHz radio
186.16 	system that will interoperate with the regionwide public safety
186.17 	radio communication system, provided that the improvements
186.18 	conform to the board's plan and technical standards.  The
186.19 	council must time the sale and issuance of the bonds so that the
186.20 	debt service on the bonds can be covered by the additional
186.21 	revenue that will become available in the fiscal year ending
186.22 	June 30, 2005, generated under section 403.11 and appropriated
186.23 	under section 403.30.
186.24 	(d) In addition to the amount authorized under paragraphs
186.25 	(a) to (c), the council may issue bonds under subdivision 1 in a
186.26 	principal amount of up to $27,000,000, plus the amount the
186.27 	council determines necessary to pay the costs of issuance, fund
186.28 	reserves, debt service, and any bond insurance or other credit
186.29 	enhancement.  The proceeds of bonds issued under this paragraph
186.30 	are appropriated to the commissioner of public safety for phase
186.31 	three of the public safety radio communication system.  In
186.32 	anticipation of the receipt by the commissioner of public safety
186.33 	of the bond proceeds, the Metropolitan Radio Board may advance
186.34 	money from its operating appropriation to the commissioner of
186.35 	public safety to pay for design and preliminary engineering for
186.36 	phase three.  The commissioner of public safety must return
187.1 	these amounts to the Metropolitan Radio Board when the bond
187.2 	proceeds are received.

187.3 	Sec. 19. [403.275] STATE 911 REVENUE BONDS.
187.4 		Subdivision 1.Bonding authority. (a) The commissioner
187.5 	of finance, if requested by a vote of at least two-thirds of all
187.6 	the members of the Statewide Radio Board, shall sell and issue
187.7 	state revenue bonds for the following purposes:
187.8 	(1) to pay the costs of the statewide public safety radio
187.9 	communication system backbone identified in the plan under
187.10 	section 403.36 and those elements that the Statewide Radio Board
187.11 	determines are of regional or statewide benefit and support
187.12 	mutual aid and emergency medical services communication,
187.13 	including, but not limited to, costs of master controllers of
187.14 	the backbone;
187.15 	(2) to pay the costs of issuance, debt service, and bond
187.16 	insurance or other credit enhancements, and to fund reserves;
187.17 	and 
187.18 	(3) to refund bonds issued under this section.
187.19 	(b) The amount of bonds that may be issued for the purposes
187.20 	of clause (1) will be set from time to time by law; the amount
187.21 	of bonds that may be issued for the purposes of clauses (2) and
187.22 	(3) is not limited.
187.23 	(c) The bond proceeds may be used to to pay up to 50
187.24 	percent of the cost to a local government unit of building a
187.25 	subsystem.  The bond proceeds may be used to make improvements
187.26 	to an existing 800 MHz radio system that will interoperate with
187.27 	the regionwide public safety radio communication system,
187.28 	provided that the improvements conform to the Statewide Radio
187.29 	Board's plan and technical standards.  The bond proceeds may not
187.30 	be used to pay for portable or subscriber radio sets.
187.31 		Subd. 2.Procedure. (a) The commissioner may sell and
187.32 	issue the bonds on the terms and conditions the commissioner
187.33 	determines to be in the best interests of the state.  The bonds
187.34 	may be sold at public or private sale.  The commissioner may
187.35 	enter any agreements or pledges the commissioner determines
187.36 	necessary or useful to sell the bonds that are not inconsistent
188.1 	with sections 403.21 to 403.40.  Sections 16A.672 to 16A.675
188.2 	apply to the bonds.  The proceeds of the bonds issued under this
188.3 	section must be credited to a special 911 revenue bond proceeds
188.4 	account in the state treasury.
188.5 	(b) Before the proceeds are received in the 911 revenue
188.6 	bond proceeds account, the commissioner of finance may transfer
188.7 	to the account from the 911 emergency telecommunications service
188.8 	account amounts not exceeding the expected proceeds from the
188.9 	next bond sale.  The commissioner of finance shall return these
188.10 	amounts to the 911 emergency telecommunications service account
188.11 	by transferring proceeds when received.  The amounts of these
188.12 	transfers are appropriated from the 911 emergency
188.13 	telecommunications service account and from the 911 revenue bond
188.14 	proceeds account.
188.15 		Subd. 3.Revenue sources. The debt service on the bonds
188.16 	is payable only from the following sources:
188.17 	(1) revenue credited to the 911 emergency
188.18 	telecommunications service account from the fee imposed and
188.19 	collected under section 237.491 or 403.11, subdivision 1, or
188.20 	from any other source; and 
188.21 	(2) other revenues pledged to the payment of the bonds.
188.22 		Subd. 4.Refunding bonds. The commissioner may issue
188.23 	bonds to refund outstanding bonds issued under subdivision 1,
188.24 	including the payment of any redemption premiums on the bonds
188.25 	and any interest accrued or to accrue to the first redemption
188.26 	date after delivery of the refunding bonds.  The proceeds of the
188.27 	refunding bonds may, in the discretion of the commissioner, be
188.28 	applied to the purchases or payment at maturity of the bonds to
188.29 	be refunded, or the redemption of the outstanding bonds on the
188.30 	first redemption date after delivery of the refunding bonds and
188.31 	may, until so used, be placed in escrow to be applied to the
188.32 	purchase, retirement, or redemption.  Refunding bonds issued
188.33 	under this subdivision must be issued and secured in the manner
188.34 	provided by the commissioner.
188.35 		Subd. 5.Not a general or moral obligation. Bonds issued
188.36 	under this section are not public debt, and the full faith,
189.1 	credit, and taxing powers of the state are not pledged for their
189.2 	payment.  The bonds may not be paid, directly in whole or in
189.3 	part from a tax of statewide application on any class of
189.4 	property, income, transaction, or privilege.  Payment of the
189.5 	bonds is limited to the revenues explicitly authorized to be
189.6 	pledged under this section.  The state neither makes nor has a
189.7 	moral obligation to pay the bonds if the pledged revenues and
189.8 	other legal security for them is insufficient.
189.9 		Subd. 6.Trustee. The commissioner may contract with and
189.10 	appoint a trustee for bond holders.  The trustee has the powers
189.11 	and authority vested in it by the commissioner under the bond
189.12 	and trust indentures.
189.13 		Subd. 7.Pledges. Any pledge made by the commissioner is
189.14 	valid and binding from the time the pledge is made.  The money
189.15 	or property pledged and later received by the commissioner is
189.16 	immediately subject to the lien of the pledge without any
189.17 	physical delivery of the property or money or further act, and
189.18 	the lien of any pledge is valid and binding as against all
189.19 	parties having claims of any kind in tort, contract, or
189.20 	otherwise against the commissioner, whether or not those parties
189.21 	have notice of the lien or pledge.  Neither the order nor any
189.22 	other instrument by which a pledge is created need be recorded.
189.23 		Subd. 8.Bonds; purchase and cancellation. The
189.24 	commissioner, subject to agreements with bondholders that may
189.25 	then exist, may, out of any money available for the purpose,
189.26 	purchase bonds of the commissioner at a price not exceeding (1)
189.27 	if the bonds are then redeemable, the redemption price then
189.28 	applicable plus accrued interest to the next interest payment
189.29 	date thereon, or (2) if the bonds are not redeemable, the
189.30 	redemption price applicable on the first date after the purchase
189.31 	upon which the bonds become subject to redemption plus accrued
189.32 	interest to that date.
189.33 		Subd. 9.State pledge against impairment of contracts.
 189.34 	The state pledges and agrees with the holders of any bonds that
189.35 	the state will not limit or alter the rights vested in the
189.36 	commissioner to fulfill the terms of any agreements made with
190.1 	the bondholders, or in any way impair the rights and remedies of
190.2 	the holders until the bonds, together with interest on them,
190.3 	with interest on any unpaid installments of interest, and all
190.4 	costs and expenses in connection with any action or proceeding
190.5 	by or on behalf of the bondholders, are fully met and
190.6 	discharged.  The commissioner may include this pledge and
190.7 	agreement of the state in any agreement with the holders of
190.8 	bonds issued under this section.

190.9 	Sec. 20. Minnesota Statutes 2004, section 403.30,
190.10 	subdivision 1, is amended to read:
190.11 		Subdivision 1.Standing appropriation; costs covered.
 190.12 	For each fiscal year beginning with the fiscal year commencing
190.13 	July 1, 1997,The amount necessary to pay the following debt
190.14 	service costs and reserves for bonds issued by the Metropolitan
190.15 	Council under section 403.27 or by the commissioner of finance
190.16 	under section 403.275is appropriated to the commissioner of
190.17 	public safety from the 911 emergency telecommunications service
190.18 	account established under section 403.11:
190.19 	(1) debt service costs and reserves for bonds issued
190.20 	pursuant to section 403.27;
190.21 	(2) repayment of the right-of-way acquisition loans;
190.22 	(3) costs of design, construction, maintenance of, and
190.23 	improvements to those elements of the first, second, and third
190.24 	phases that support mutual aid communications and emergency
190.25 	medical services;
190.26 	(4) recurring charges for leased sites and equipment for
190.27 	those elements of the first, second, and third phases that
190.28 	support mutual aid and emergency medical communication services;
190.29 	or 
190.30 	(5) aid to local units of government for sites and
190.31 	equipment in support of mutual aid and emergency medical
190.32 	communications services to the commissioner of finance.  The
190.33 	commissioner of finance shall transmit the necessary amounts to
190.34 	the Metropolitan Council as requested by the council.
190.35 	This appropriation shall be used to pay annual debt service
190.36 	costs and reserves for bonds issued pursuant to section
191.1 	403.27 or 403.275prior to use of fee money to pay other
191.2 	costs eligible under this subdivision.  In no event shall the
191.3 	appropriation for each fiscal year exceed an amount equal to
191.4 	four cents a month for each customer access line or other basic
191.5 	access service, including trunk equivalents as designated by the
191.6 	Public Utilities Commission for access charge purposes and
191.7 	including cellular and other nonwire access services, in the
191.8 	fiscal year.  Beginning July 1, 2004, this amount will increase
191.9 	to 13 cents a month or to support other appropriations.

191.10 	Sec. 21. REPEALER.
 191.11 	Minnesota Statutes 2004, section 403.30, subdivision 3, is
191.12 	repealed.

191.13 	Sec. 22. EFFECTIVE DATE.
 191.14 	Sections 1 to 21 are effective the day following final
191.15 	enactment and apply to contracts entered into on or after that
191.16 	date.  Notwithstanding Minnesota Statutes, section 403.11,
191.17 	subdivision 1, as amended by this act, a fee change under that
191.18 	subdivision in calendar year 2005 may become effective after a
191.19 	minimum of 30 days' notice.

191.20 	ARTICLE 11
191.21 	LAW ENFORCEMENT POLICY

191.22 	Section 1. Minnesota Statutes 2004, section 299A.38,
191.23 	subdivision 2, is amended to read:
191.24 		Subd. 2.State and local reimbursement.  Peace officers
191.25 	and heads of local law enforcement agencies who buy vests for
191.26 	the use of peace officer employees may apply to the commissioner
191.27 	for reimbursement of funds spent to buy vests.  On approving an
191.28 	application for reimbursement, the commissioner shall pay the
191.29 	applicant an amount equal to the lesser of one-half of the
191.30 	vest's purchase price or $300 $600, as adjusted according to
191.31 	subdivision 2a.  The political subdivision that employs the
191.32 	peace officer shall pay at least the lesser of one-half of the
191.33 	vest's purchase price or $300 $600, as adjusted according to
191.34 	subdivision 2a.  The political subdivision may not deduct or pay
191.35 	its share of the vest's cost from any clothing, maintenance, or
191.36 	similar allowance otherwise provided to the peace officer by the
192.1 	law enforcement agency.
192.2 	
EFFECTIVE DATE. This section is effective the day
192.3 	following final enactment.

192.4 	Sec. 2. Minnesota Statutes 2004, section 299A.38,
192.5 	subdivision 2a, is amended to read:
192.6 		Subd. 2a.Adjustment of reimbursement amount.  On October
192.7 	1, 1997 2006, the commissioner of public safety shall adjust
192.8 	the $300 $600 reimbursement amounts specified in subdivision 2,
192.9 	and in each subsequent year, on October 1, the commissioner
192.10 	shall adjust the reimbursement amount applicable immediately
192.11 	preceding that October 1 date.  The adjusted rate must reflect
192.12 	the annual percentage change in the Consumer Price Index for all
192.13 	urban consumers, published by the federal Bureau of Labor
192.14 	Statistics, occurring in the one-year period ending on the
192.15 	preceding June 1.
192.16 	
EFFECTIVE DATE. This section is effective the day
192.17 	following final enactment.

192.18 	Sec. 3. Minnesota Statutes 2004, section 299A.38,
192.19 	subdivision 3, is amended to read:
192.20 		Subd. 3.Eligibility requirements.  (a) Only vests that
192.21 	either meet or exceed the requirements of standard 0101.03 of
192.22 	the National Institute of Justice or that meet or exceed the
192.23 	requirements of that standard, except wet armor conditioning,
192.24 	are eligible for reimbursement.
192.25 	(b) Eligibility for reimbursement is limited to vests
192.26 	bought after December 31, 1986, by or for peace officers (1) who
192.27 	did not own a vest meeting the requirements of paragraph (a)
192.28 	before the purchase, or (2) who owned a vest that was at least
192.29 	six five years old.
192.30 	(c) The requirement set forth in paragraph (b), clauses (1)
192.31 	and (2), shall not apply to any peace officer who purchases a
192.32 	vest constructed from a zylon-based material, provided that the
192.33 	peace officer provides proof of purchase or possession of the
192.34 	vest prior to July 1, 2005.
192.35 	
EFFECTIVE DATE. This section is effective the day
192.36 	following final enactment.

193.1 	Sec. 4. [299A.641] GANG AND DRUG OVERSIGHT COUNCIL.
193.2 		Subdivision 1.Oversight council established. The Gang
193.3 	and Drug Oversight Council is established to provide guidance
193.4 	related to the investigation and prosecution of gang and drug
193.5 	crime.
193.6 		Subd. 2.Membership. The oversight council shall consist
193.7 	of the following individuals or their designees:
193.8 	(1) the director of the office of special investigations,
193.9 	as the representative of the commissioner of corrections;
193.10 	(2) the superintendent of the Bureau of Criminal
193.11 	Apprehension as the representative of the commissioner of public
193.12 	safety;
193.13 	(3) the attorney general;
193.14 	(4) eight chiefs of police, selected by the Minnesota
193.15 	Chiefs of Police Association, two of which must be selected from
193.16 	cities with populations greater than 200,000;
193.17 	(5) eight sheriffs, selected by the Minnesota Sheriffs
193.18 	Association to represent each district, two of which must be
193.19 	selected from counties with populations greater than 500,000;
193.20 	(6) the United States attorney for the district of
193.21 	Minnesota;
193.22 	(7) two county attorneys, selected by the Minnesota County
193.23 	Attorneys Association;
193.24 	(8) a command-level representative of a gang strike force;
193.25 	(9) a representative from a drug task force, selected by
193.26 	the Minnesota State Association of Narcotics Investigators;
193.27 	(10) a representative from the United States Drug
193.28 	Enforcement Administration;
193.29 	(11) a representative from the United States Bureau of
193.30 	Alcohol, Tobacco, and Firearms;
193.31 	(12) a representative from the Federal Bureau of
193.32 	Investigation;
193.33 	(13) a tribal peace officer, selected by the Minnesota
193.34 	Tribal Law Enforcement Association; and 
193.35 	(14) two additional members who may be selected by the
193.36 	oversight council.
194.1 	The oversight council may adopt procedures to govern its conduct
194.2 	as necessary and may select a chair from among its members.
194.3 	Subd. 3.[OVERSIGHT COUNCIL'S DUTIES.] The oversight
194.4 	council shall develop an overall strategy to ameliorate the harm
194.5 	caused to the public by gang and drug crime within the state of
194.6 	Minnesota.  This strategy may include the development of
194.7 	protocols and procedures to investigate gang and drug crime and
194.8 	a structure for best addressing these issues in a
194.9 	multijurisdictional manner.  Additionally, the oversight council
194.10 	shall:
194.11 	(1) identify and recommend a candidate or candidates for
194.12 	statewide coordinator to the commissioner of public safety;
194.13 	(2) establish multijurisdictional task forces and strike
194.14 	forces to combat gang and drug crime, to include a metro gang
194.15 	strike force;
194.16 	(3) assist the Department of Public Safety in developing an
194.17 	objective grant review application process that is free from
194.18 	conflicts of interest;
194.19 	(4) make funding recommendations to the commissioner of
194.20 	public safety on grants to support efforts to combat gang and
194.21 	drug crime;
194.22 	(5) assist in developing a process to collect and share
194.23 	information to improve the investigation and prosecution of drug
194.24 	offenses;
194.25 	(6) develop and approve an operational budget for the
194.26 	office of the statewide coordinator and the oversight council;
194.27 	and 
194.28 	(7) adopt criteria and identifying characteristics for use
194.29 	in determining whether individuals are or may be members of
194.30 	gangs involved in criminal activity.
194.31 		Subd. 4.Statewide coordinator. The current gang strike
194.32 	force commander shall serve as a transition coordinator until
194.33 	July 1, 2006, at which time the commissioner of public safety
194.34 	shall appoint a statewide coordinator as recommended by the
194.35 	oversight council.  The coordinator serving in the unclassified
194.36 	service shall:
195.1 	(1) coordinate and monitor all multijurisdictional gang and
195.2 	drug enforcement activities;
195.3 	(2) facilitate local efforts and ensure statewide
195.4 	coordination with efforts to combat gang and drug crime;
195.5 	(3) facilitate training for personnel;
195.6 	(4) monitor compliance with investigative protocols; and 
195.7 	(5) implement an outcome evaluation and data quality
195.8 	control process.
195.9 		Subd. 5.Participating officers; employment status. All
195.10 	participating law enforcement officers must be licensed peace
195.11 	officers as defined in section 626.84, subdivision 1, or
195.12 	qualified federal law enforcement officers as defined in section
195.13 	626.8453.  Participating officers remain employees of the same
195.14 	entity that employed them before joining any multijurisdictional
195.15 	entity established under this section.  Participating officers
195.16 	are not employees of the state.
195.17 		Subd. 6.Jurisdiction and powers. Law enforcement
195.18 	officers participating in any multijurisdictional entity
195.19 	established under this section have statewide jurisdiction to
195.20 	conduct criminal investigations and have the same powers of
195.21 	arrest as those possessed by a sheriff.
195.22 		Subd. 7.Grants authorized. The commissioner of public
195.23 	safety, upon recommendation of the council, may make grants to
195.24 	state and local units of government to combat gang and drug
195.25 	crime.
195.26 		Subd. 8.Oversight council is permanent. Notwithstanding
195.27 	section 15.059, this section does not expire.
195.28 		Subd. 9.Funding. Participating agencies may accept
195.29 	lawful grants or contributions from any federal source or legal
195.30 	business or entity.
195.31 		Subd. 10.Role of the attorney general. The attorney
195.32 	general or a designee shall generally advise on any matters that
195.33 	the oversight council deems appropriate.
195.34 		Subd. 11.Attorney general; community liaison. (a) The
195.35 	attorney general or a designee shall serve as a liaison between
195.36 	the oversight council and the councils created in sections
196.1 	3.922, 3.9223, 3.9225, and 3.9226.  The attorney general or
196.2 	designee will be responsible for:
196.3 	(1) informing the councils of the plans, activities, and
196.4 	decisions and hearing their reactions to those plans,
196.5 	activities, and decisions; and 
196.6 	(2) providing the oversight council with the councils'
196.7 	position on the oversight council's plan, activities, and
196.8 	decisions.
196.9 	(b) In no event is the oversight council required to
196.10 	disclose the names of individuals identified by it to the
196.11 	councils referenced in this subdivision.
196.12 	(c) Nothing in this subdivision changes the data
196.13 	classification of any data held by the oversight council.
196.14 		Subd. 12.Required report. By February 1 of each year,
196.15 	the council shall report to the chairs of the senate and house
196.16 	of representatives committees and divisions having jurisdiction
196.17 	over criminal justice policy and funding on the activities of
196.18 	the council and any strike or task forces.  This annual report
196.19 	shall include:
196.20 	(1) a description of the council's goals for the previous
196.21 	year and for the coming year;
196.22 	(2) a description of the outcomes the council achieved or
196.23 	did not achieve during the preceding year and a description of
196.24 	the outcomes the council will seek to achieve during the coming
196.25 	year; and 
196.26 	(3) any legislative recommendations the council has
196.27 	including, where necessary, a description of the specific
196.28 	legislation needed to implement the recommendations.
196.29 	
EFFECTIVE DATE. This section is effective July 1, 2005.

196.30 	Sec. 5. [299A.681] MINNESOTA FINANCIAL CRIMES OVERSIGHT
196.31 	COUNCIL AND TASK FORCE.
196.32 		Subdivision 1.Oversight council. The Minnesota
196.33 	Financial Crimes Oversight Council shall provide guidance
196.34 	related to the investigation and prosecution of identity theft
196.35 	and financial crime.
196.36 		Subd. 2.Membership. The oversight council consists of
197.1 	the following individuals, or their designees:
197.2 	(1) the commissioner of public safety;
197.3 	(2) the attorney general;
197.4 	(3) two chiefs of police, selected by the Minnesota Chiefs
197.5 	of Police Association from police departments that participate
197.6 	in the Minnesota Financial Crimes Task Force;
197.7 	(4) two sheriffs, selected by the Minnesota Sheriffs
197.8 	Association from sheriff departments that participate in the
197.9 	task force;
197.10 	(5) the United States attorney for the district of
197.11 	Minnesota;
197.12 	(6) a county attorney, selected by the Minnesota County
197.13 	Attorneys Association;
197.14 	(7) a representative from the United States Postal
197.15 	Inspector's Office, selected by the oversight council;
197.16 	(8) a representative from a not-for-profit retail merchants
197.17 	industry, selected by the oversight council;
197.18 	(9) a representative from a not-for-profit banking and
197.19 	credit union industry, selected by the oversight council;
197.20 	(10) a representative from a not-for-profit association
197.21 	representing senior citizens, selected by the oversight council;
197.22 	(11) the statewide commander of the task force;
197.23 	(12) a representative from the Board of Public Defense,
197.24 	selected by the board; and 
197.25 	(13) two additional members selected by the oversight
197.26 	council.
197.27 	The oversight council may adopt procedures to govern its conduct
197.28 	and shall select a chair from among its members.
197.29 		Subd. 3.Duties. The oversight council shall develop an
197.30 	overall strategy to ameliorate the harm caused to the public by
197.31 	identity theft and financial crime within Minnesota.  The
197.32 	strategy may include the development of protocols and procedures
197.33 	to investigate financial crimes and a structure for best
197.34 	addressing these issues in a multijurisdictional manner.
197.35 	Additionally, the oversight council shall:
197.36 	(1) establish a multijurisdictional statewide Minnesota
198.1 	Financial Crimes Task Force to investigate major financial
198.2 	crimes;
198.3 	(2) select a statewide commander of the task force who
198.4 	serves at the pleasure of the oversight council;
198.5 	(3) assist the Department of Public Safety in developing an
198.6 	objective grant review application process that is free from
198.7 	conflicts of interest;
198.8 	(4) make funding recommendations to the commissioner of
198.9 	public safety on grants to support efforts to combat identity
198.10 	theft and financial crime;
198.11 	(5) assist law enforcement agencies and victims in
198.12 	developing a process to collect and share information to improve
198.13 	the investigation and prosecution of identity theft and
198.14 	financial crime;
198.15 	(6) develop and approve an operational budget for the
198.16 	office of the statewide commander and the oversight council; and 
198.17 	(7) enter into any contracts necessary to establish and
198.18 	maintain a relationship with retailers, financial institutions,
198.19 	and other businesses to deal effectively with identity theft and
198.20 	financial crime.
198.21 	The task force described in clause (1) may consist of members
198.22 	from local law enforcement agencies, federal law enforcement
198.23 	agencies, state and federal prosecutors' offices, the Board of
198.24 	Public Defense, and representatives from elderly victims,
198.25 	retail, financial institutions, and not-for-profit organizations.
198.26 		Subd. 4.Statewide commander. (a) The Minnesota
198.27 	Financial Crimes Task Force commander under Minnesota Statutes
198.28 	2004, section 299A.68, shall oversee the transition of that task
198.29 	force into the task force described in subdivision 3 and remain
198.30 	in place as its commander until July 1, 2008.  On that date, the
198.31 	commissioner of public safety shall appoint as statewide
198.32 	commander the individual selected by the oversight council under
198.33 	subdivision 3.
198.34 	(b) The commander shall:
198.35 	(1) coordinate and monitor all multijurisdictional identity
198.36 	theft and financial crime enforcement activities;
199.1 	(2) facilitate local efforts and ensure statewide
199.2 	coordination with efforts to combat identity theft and financial
199.3 	crime;
199.4 	(3) facilitate training for law enforcement and other
199.5 	personnel;
199.6 	(4) monitor compliance with investigative protocols;
199.7 	(5) implement an outcome evaluation and data quality
199.8 	control process;
199.9 	(6) be responsible for the selection and for cause removal
199.10 	of assigned task force investigators who are designated
199.11 	participants under a memorandum of understanding or who receive
199.12 	grant funding;
199.13 	(7) provide supervision of assigned task force
199.14 	investigators;
199.15 	(8) submit a task force operational budget to the oversight
199.16 	council for approval; and 
199.17 	(9) submit quarterly task force activity reports to the
199.18 	oversight council.
199.19 		Subd. 5.Participating officers; employment status. All
199.20 	law enforcement officers selected to participate in the task
199.21 	force must be licensed peace officers as defined in section
199.22 	626.84, subdivision 1, or qualified federal law enforcement
199.23 	officers as defined in section 626.8453.  Participating officers
199.24 	remain employees of the same entity that employed them before
199.25 	joining any multijurisdictional entity established under this
199.26 	section.  Participating officers are not employees of the state.
199.27 		Subd. 6.Jurisdiction and powers. Law enforcement
199.28 	officers participating in any multijurisdictional entity
199.29 	established under this section have statewide jurisdiction to
199.30 	conduct criminal investigations and have the same powers of
199.31 	arrest as those possessed by a sheriff.  The task force shall
199.32 	retain from its predecessor the assigned originating reporting
199.33 	number for case reporting purposes.
199.34 		Subd. 7.Grants authorized. The commissioner of public
199.35 	safety, upon recommendation of the oversight council, shall make
199.36 	grants to state and local units of government to combat identity
200.1 	theft and financial crime.  The commander, as funding permits,
200.2 	may prepare a budget to establish four regional districts and
200.3 	funding grant allocations programs outside the counties of
200.4 	Hennepin, Ramsey, Anoka, Washington, and Dakota.  The budget
200.5 	must be reviewed and approved by the oversight council and
200.6 	recommended to the commissioner to support these efforts.
200.7 		Subd. 8.Victims assistance program. (a) The oversight
200.8 	council may establish a victims' assistance program to assist
200.9 	victims of economic crimes and provide prevention and awareness
200.10 	programs.  The oversight council may retain the services of
200.11 	not-for-profit organizations to assist in the development and
200.12 	delivery systems in aiding victims of financial crime.  The
200.13 	program may not provide any financial assistance to victims, but
200.14 	may assist victims in obtaining police assistance and advise
200.15 	victims in how to protect personal accounts and identities.
200.16 	Services may include a victim toll-free telephone number, fax
200.17 	number, Web site, Monday through Friday telephone service,
200.18 	e-mail response, and interfaces to other helpful Web sites.
200.19 	Victims' information compiled are governed under chapter 13.
200.20 	(b) The oversight council may post or communicate through
200.21 	public service announcements in newspapers, radio, television,
200.22 	cable access, billboards, Internet, Web sites, and other normal
200.23 	advertising channels, a financial reward of up to $2,000 for
200.24 	tips leading to the apprehension and successful prosecution of
200.25 	individuals committing economic crime.  All rewards must meet
200.26 	the oversight council's standards.  The release of funds must be
200.27 	made to an individual whose information leads to the
200.28 	apprehension and prosecution of offenders committing economic or
200.29 	financial crimes against citizens or businesses in Minnesota.
200.30 	All rewards paid to an individual must be reported to the
200.31 	Department of Revenue along with the individual's Social
200.32 	Security number.
200.33 		Subd. 9.Oversight council and task force is permanent.
 200.34 	Notwithstanding section 15.059, this section does not expire.
200.35 		Subd. 10.Funding. The oversight council may accept
200.36 	lawful grants and in-kind contributions from any federal, state,
201.1 	or local source or legal business or individual not funded by
201.2 	this section for general operation support, including personnel
201.3 	costs.  These grants or in-kind contributions are not to be
201.4 	directed toward the case of a particular victim or business.
201.5 	The oversight council's fiscal agent shall handle all funds
201.6 	approved by the oversight council, including in-kind
201.7 	contributions.
201.8 		Subd. 11.Forfeiture. Property seized by the task force
201.9 	is subject to forfeiture pursuant to sections 609.531, 609.5312,
201.10 	609.5313, and 609.5315 if ownership cannot be established.  The
201.11 	council shall receive the proceeds from the sale of all property
201.12 	properly seized and forfeited.
201.13 		Subd. 12.Transfer equipment from current task
201.14 	force. All equipment possessed by the task force described in
201.15 	Minnesota Statutes 2004, section 299A.68, is transferred to the
201.16 	oversight council for use by the task force described in this
201.17 	section.
201.18 	
EFFECTIVE DATE. This section is effective July 1, 2005.

201.19 	Sec. 6. [299A.78] STATEWIDE HUMAN TRAFFICKING
201.20 	ASSESSMENT.
201.21 		Subdivision 1.Definitions. For purposes of sections
201.22 	299A.78 to 299A.785, the following definitions apply:
201.23 	(a) "Commissioner" means the commissioner of the Department
201.24 	of Public Safety.
201.25 	(b) "Nongovernmental organizations" means nonprofit,
201.26 	nongovernmental organizations that provide legal, social, or
201.27 	other community services.
201.28 	(c) "Blackmail" has the meaning given in section 609.281,
201.29 	subdivision 2.
201.30 	(d) "Debt bondage" has the meaning given in section
201.31 	609.281, subdivision 3.
201.32 	(e) "Forced labor or services" has the meaning given in
201.33 	section 609.281, subdivision 4.
201.34 	(f) "Labor trafficking" has the meaning given in section
201.35 	609.281, subdivision 5.
201.36 	(g) "Labor trafficking victim" has the meaning given in
202.1 	section 609.281, subdivision 6.
202.2 	(h) "Sex trafficking" has the meaning given in section
202.3 	609.321, subdivision 7a.
202.4 	(i) "Sex trafficking victim" has the meaning given in
202.5 	section 609.321, subdivision 7b.
202.6 	(j) "Trafficking" includes "labor trafficking" and "sex
202.7 	trafficking." 
202.8 	(k) "Trafficking victim" includes "labor trafficking
202.9 	victim" and "sex trafficking victim." 
202.10 		Subd. 2.General duties. The commissioner of public
202.11 	safety, in cooperation with local authorities, shall collect,
202.12 	share, and compile trafficking data among government agencies to
202.13 	assess the nature and extent of trafficking in Minnesota.
202.14 		Subd. 3.Outside services. As provided for in section
202.15 	15.061, the commissioner of public safety may contract with
202.16 	professional or technical services in connection with the duties
202.17 	to be performed under section 299A.785.  The commissioner may
202.18 	also contract with other outside organizations to assist with
202.19 	the duties to be performed under section 299A.785.
202.20 	
EFFECTIVE DATE. This section is effective July 1, 2005.

202.21 	Sec. 7. [299A.785] TRAFFICKING STUDY.
202.22 		Subdivision 1.Information to be collected. The
202.23 	commissioner shall elicit the cooperation and assistance of
202.24 	government agencies and nongovernmental organizations as
202.25 	appropriate to assist in the collection of trafficking data.
202.26 	The commissioner shall direct the appropriate authorities in
202.27 	each agency and organization to make best efforts to collect
202.28 	information relevant to tracking progress on trafficking.  The
202.29 	information to be collected may include, but is not limited to:
202.30 	(1) the numbers of arrests, prosecutions, and successful
202.31 	convictions of traffickers and those committing trafficking
202.32 	related crimes, including, but not limited to, the following
202.33 	offenses:  609.27 (coercion); 609.282 (labor trafficking);
202.34 	609.283 (unlawful conduct with respect to documents in
202.35 	furtherance of labor or sex trafficking); 609.321 (promotion of
202.36 	prostitution); 609.322 (solicitation of prostitution); 609.324
203.1 	(other prostitution crimes); 609.33 (disorderly house); 609.352
203.2 	(solicitation of a child); and 617.245 and 617.246 (use of
203.3 	minors in sexual performance);
203.4 	(2) statistics on the number of trafficking victims,
203.5 	including demographics, method of recruitment, and method of
203.6 	discovery;
203.7 	(3) trafficking routes and patterns, states or country of
203.8 	origin, transit states or countries;
203.9 	(4) method of transportation, motor vehicles, aircraft,
203.10 	watercraft, or by foot if any transportation took place; and 
203.11 	(5) social factors that contribute to and foster
203.12 	trafficking, especially trafficking of women and children.
203.13 		Subd. 2.Report and annual publication. (a) By September
203.14 	1, 2006, the commissioner of public safety shall report to the
203.15 	chairs of the senate and house of representatives committees and
203.16 	divisions having jurisdiction over criminal justice policy and
203.17 	funding a summary of its findings.  This report shall include,
203.18 	to the extent possible, the information to be collected in
203.19 	subdivision 1 and any other information the commissioner finds
203.20 	relevant to the issue of trafficking in Minnesota.
203.21 	(b) The commissioner shall gather, compile, and publish
203.22 	annually statistical data on the extent and nature of
203.23 	trafficking in Minnesota.  This annual publication shall be
203.24 	available to the public and include, to the extent possible, the
203.25 	information to be collected in subdivision 1 and any other
203.26 	information the commissioner finds relevant to the issue of
203.27 	trafficking in Minnesota.
203.28 	
EFFECTIVE DATE. This section is effective July 1, 2005.

203.29 	Sec. 8. Minnesota Statutes 2004, section 299C.10,
203.30 	subdivision 1, is amended to read:
203.31 		Subdivision 1.Required fingerprinting.  (a) Sheriffs,
203.32 	peace officers, and community corrections agencies operating
203.33 	secure juvenile detention facilities shall take or cause to be
203.34 	taken immediately finger and thumb prints, photographs,
203.35 	distinctive physical mark identification data, information on
203.36 	any known aliases or street names, and other identification data
204.1 	requested or required by the superintendent of the bureau, of
204.2 	the following:
204.3 	(1) persons arrested for, appearing in court on a charge
204.4 	of, or convicted of a felony, gross misdemeanor, or targeted
204.5 	misdemeanor;
204.6 	(2) juveniles arrested for, appearing in court on a charge
204.7 	of, adjudicated delinquent for, or alleged to have committed
204.8 	felonies or gross misdemeanors as distinguished from those
204.9 	committed by adult offenders;
204.10 	(3) persons reasonably believed by the arresting officer to
204.11 	be fugitives from justice;
204.12 	(4) persons in whose possession, when arrested, are found
204.13 	concealed firearms or other dangerous weapons, burglar tools or
204.14 	outfits, high-power explosives, or articles, machines, or
204.15 	appliances usable for an unlawful purpose and reasonably
204.16 	believed by the arresting officer to be intended for such
204.17 	purposes; and 
204.18 	(5) juveniles referred by a law enforcement agency to a
204.19 	diversion program for a felony or gross misdemeanor offense; and 
204.20 	(6) persons currently involved in the criminal justice
204.21 	process, on probation, on parole, or in custody for the offenses
204.22 	in suspense whom the superintendent of the bureau identifies as
204.23 	being the subject of a court disposition record which cannot be
204.24 	linked to an arrest record, and whose fingerprints are necessary
204.25 	in order to maintain and ensure the accuracy of the bureau's
204.26 	criminal history files, to reduce the number of suspense files,
204.27 	or to comply with the mandates of section 299C.111, relating to
204.28 	the reduction of the number of suspense files.  This duty to
204.29 	obtain fingerprints for the offenses in suspense at the request
204.30 	of the bureau shall include the requirement that fingerprints be
204.31 	taken in post-arrest interviews; while making court appearances;
204.32 	while in custody; or while on any form of probation, diversion,
204.33 	or supervised release.
204.34 	(b) Unless the superintendent of the bureau requires a
204.35 	shorter period, within 24 hours the fingerprint records and
204.36 	other identification data specified under paragraph (a) must be
205.1 	forwarded to the bureau on such forms and in such manner as may
205.2 	be prescribed by the superintendent.
205.3 	(c) Prosecutors, courts, and probation officers and their
205.4 	agents, employees, and subordinates,shall attempt to ensure
205.5 	that the required identification data is taken on a person
205.6 	described in paragraph (a). Law enforcement may take
205.7 	fingerprints of an individual who is presently on probation.
205.8 	(d) For purposes of this section, a targeted misdemeanor is
205.9 	a misdemeanor violation of section 169A.20 (driving while
205.10 	impaired), 518B.01 (order for protection violation), 609.224
205.11 	(fifth degree assault), 609.2242 (domestic assault), 609.746
205.12 	(interference with privacy), 609.748 (harassment or restraining
205.13 	order violation), or 617.23 (indecent exposure).
205.14 	
EFFECTIVE DATE. This section is effective July 1, 2005.

205.15 	Sec. 9. Minnesota Statutes 2004, section 299C.10, is
205.16 	amended by adding a subdivision to read:
205.17 		Subd. 1a.Court disposition record in suspense;
205.18 	fingerprinting. The superintendent of the bureau shall inform a
205.19 	prosecuting authority that a person prosecuted by that authority
205.20 	is the subject of a court disposition record in suspense which
205.21 	requires fingerprinting under this section.  Upon being notified
205.22 	by the superintendent or otherwise learning of the suspense
205.23 	status of a court disposition record, any prosecuting authority
205.24 	may bring a motion in district court to compel the taking of the
205.25 	person's fingerprints upon a showing to the court that the
205.26 	person is the subject of the court disposition record in
205.27 	suspense.
205.28 	
EFFECTIVE DATE. This section is effective July 1, 2005.

205.29 	Sec. 10. Minnesota Statutes 2004, section 299C.14, is
205.30 	amended to read:
205.31 	299C.14 INFORMATION ON RELEASED PRISONER.
205.32 	It shall be the duty of the officials having charge of the
205.33 	penal institutions of the state or the release of prisoners
205.34 	therefrom to furnish to the bureau, as the superintendent may
205.35 	require, finger and thumb prints, photographs, distinctive
205.36 	physical mark identification data, other identification data,
206.1 	modus operandi reports, and criminal records of prisoners
206.2 	heretofore, now, or hereafter confined in such penal
206.3 	institutions, together with the period of their service and the
206.4 	time, terms, and conditions of their discharge. This duty to
206.5 	furnish information includes, but is not limited to, requests
206.6 	for fingerprints as the superintendent of the bureau deems
206.7 	necessary to maintain and ensure the accuracy of the bureau's
206.8 	criminal history files, to reduce the number of suspense files,
206.9 	or to comply with the mandates of section 299C.111 relating to
206.10 	the reduction of the number of suspense files where a
206.11 	disposition record is received that cannot be linked to an
206.12 	arrest record.

206.13 	EFFECTIVE DATE. This section is effective July 1, 2005.

206.14 	Sec. 11. Minnesota Statutes 2004, section 299C.145,
206.15 	subdivision 3, is amended to read:
206.16 		Subd. 3.Authority to enter or retrieve data.  Only law
206.17 	enforcement criminal justice agencies, as defined in section
206.18 	299C.46, subdivision 2,may submit data to and obtain data from
206.19 	the distinctive physical mark identification system.
206.20 	
EFFECTIVE DATE. This section is effective July 1, 2005.

206.21 	Sec. 12. Minnesota Statutes 2004, section 299C.65,
206.22 	subdivision 1, is amended to read:
206.23 		Subdivision 1.Membership, duties.  (a) The Criminal and
206.24 	Juvenile Justice Information Policy Group consists of the
206.25 	commissioner of corrections, the commissioner of public safety,
206.26 	the commissioner of administration, the commissioner of finance,
206.27 	and four members of the judicial branch appointed by the chief
206.28 	justice of the Supreme Court, and the chair and first vice chair
206.29 	of the Criminal and Juvenile Justice Information Task Force.
206.30 	The policy group may appoint additional, nonvoting members as
206.31 	necessary from time to time.
206.32 	(b) The commissioner of public safety is designated as the
206.33 	chair of the policy group.  The commissioner and the policy
206.34 	group have overall responsibility for the successful completion
206.35 	of statewide criminal justice information system integration
206.36 	(CriMNet).  The policy group may hire a program manager an
207.1 	executive director to manage the CriMNet projects and to be
207.2 	responsible for the day-to-day operations of CriMNet. The
207.3 	executive director shall serve at the pleasure of the policy
207.4 	group in unclassified service.The policy group must ensure
207.5 	that generally accepted project management techniques are
207.6 	utilized for each CriMNet project, including:
207.7 	(1) clear sponsorship;
207.8 	(2) scope management;
207.9 	(3) project planning, control, and execution;
207.10 	(4) continuous risk assessment and mitigation;
207.11 	(5) cost management;
207.12 	(6) quality management reviews;
207.13 	(7) communications management; and 
207.14 	(8) proven methodology; and 
207.15 	(9) education and training.
207.16 	(c) Products and services for CriMNet project management,
207.17 	system design, implementation, and application hosting must be
207.18 	acquired using an appropriate procurement process, which
207.19 	includes:
207.20 	(1) a determination of required products and services;
207.21 	(2) a request for proposal development and identification
207.22 	of potential sources;
207.23 	(3) competitive bid solicitation, evaluation, and
207.24 	selection; and
207.25 	(4) contract administration and close-out.
207.26 	(d) The policy group shall study and make recommendations
207.27 	to the governor, the Supreme Court, and the legislature on:
207.28 	(1) a framework for integrated criminal justice information
207.29 	systems, including the development and maintenance of a
207.30 	community data model for state, county, and local criminal
207.31 	justice information;
207.32 	(2) the responsibilities of each entity within the criminal
207.33 	and juvenile justice systems concerning the collection,
207.34 	maintenance, dissemination, and sharing of criminal justice
207.35 	information with one another;
207.36 	(3) actions necessary to ensure that information maintained
208.1 	in the criminal justice information systems is accurate and
208.2 	up-to-date;
208.3 	(4) the development of an information system containing
208.4 	criminal justice information on gross misdemeanor-level and
208.5 	felony-level juvenile offenders that is part of the integrated
208.6 	criminal justice information system framework;
208.7 	(5) the development of an information system containing
208.8 	criminal justice information on misdemeanor arrests,
208.9 	prosecutions, and convictions that is part of the integrated
208.10 	criminal justice information system framework;
208.11 	(6) comprehensive training programs and requirements for
208.12 	all individuals in criminal justice agencies to ensure the
208.13 	quality and accuracy of information in those systems;
208.14 	(7) continuing education requirements for individuals in
208.15 	criminal justice agencies who are responsible for the
208.16 	collection, maintenance, dissemination, and sharing of criminal
208.17 	justice data;
208.18 	(8) a periodic audit process to ensure the quality and
208.19 	accuracy of information contained in the criminal justice
208.20 	information systems;
208.21 	(9) the equipment, training, and funding needs of the state
208.22 	and local agencies that participate in the criminal justice
208.23 	information systems;
208.24 	(10) the impact of integrated criminal justice information
208.25 	systems on individual privacy rights;
208.26 	(11) the impact of proposed legislation on the criminal
208.27 	justice system, including any fiscal impact, need for training,
208.28 	changes in information systems, and changes in processes;
208.29 	(12) the collection of data on race and ethnicity in
208.30 	criminal justice information systems;
208.31 	(13) the development of a tracking system for domestic
208.32 	abuse orders for protection;
208.33 	(14) processes for expungement, correction of inaccurate
208.34 	records, destruction of records, and other matters relating to
208.35 	the privacy interests of individuals; and
208.36 	(15) the development of a database for extended
209.1 	jurisdiction juvenile records and whether the records should be
209.2 	public or private and how long they should be retained.
209.3 	
EFFECTIVE DATE. This section is effective July 1, 2005.

209.4 	Sec. 13. Minnesota Statutes 2004, section 299C.65,
209.5 	subdivision 2, is amended to read:
209.6 		Subd. 2.report,task force. (a) The policy group shall
209.7 	file an annual report with the governor, Supreme Court, and
209.8 	chairs and ranking minority members of the senate and house
209.9 	committees and divisions with jurisdiction over criminal justice
209.10 	funding and policy by December 1 of each year.
209.11 	(b) The report must make recommendations concerning any
209.12 	legislative changes or appropriations that are needed to ensure
209.13 	that the criminal justice information systems operate accurately
209.14 	and efficiently.  To assist them in developing their
209.15 	recommendations,The policy group shall appoint a task force
209.16 	consisting to assist them in their duties.  The task force shall
209.17 	monitor, review, and report to the policy group on
209.18 	CriMNet-related projects and provide oversight to ongoing
209.19 	operations as directed by the policy group.  The task force
209.20 	shall consist of its members or their designees and the
209.21 	following additional members:
209.22 	(1) the director of the Office of Strategic and Long-Range
209.23 	Planning;
209.24 	(2) two sheriffs recommended by the Minnesota Sheriffs
209.25 	Association;
209.26 	(3) (2) two police chiefs recommended by the Minnesota
209.27 	Chiefs of Police Association;
209.28 	(4) (3) two county attorneys recommended by the Minnesota
209.29 	County Attorneys Association;
209.30 	(5) (4) two city attorneys recommended by the Minnesota
209.31 	League of Cities;
209.32 	(6) (5) two public defenders appointed by the Board of
209.33 	Public Defense;
209.34 	(7) (6) two district judges appointed by the Conference of
209.35 	Chief Judges, one of whom is currently assigned to the juvenile
209.36 	court;
210.1 	(8) (7) two community corrections administrators
210.2 	recommended by the Minnesota Association of Counties, one of
210.3 	whom represents a community corrections act county;
210.4 	(9) (8) two probation officers;
210.5 	(10) (9) four public members, one of whom has been a victim
210.6 	of crime, and two who are representatives of the private
210.7 	business community who have expertise in integrated information
210.8 	systems;
210.9 	(11) (10) two court administrators;
210.10 	(12) (11) one member of the house of representatives
210.11 	appointed by the speaker of the house;
210.12 	(13) (12) one member of the senate appointed by the
210.13 	majority leader;
210.14 	(14) (13) the attorney general or a designee;
210.15 	(15) the commissioner of administration or a designee;
210.16 	(16) (14) an individual two individuals recommended by the
210.17 	Minnesota League of Cities, one of whom works or resides in
210.18 	greater Minnesota and one of whom works or resides in the seven
210.19 	county metropolitan area; and 
210.20 	(17) (15) an individual two individuals recommended by the
210.21 	Minnesota Association of Counties, one of whom works or resides
210.22 	in greater Minnesota and one of whom works or resides in the
210.23 	seven county metropolitan area;
210.24 	(16) the director of the Sentencing Guidelines Commission;
210.25 	(17) one member appointed by the commissioner of public
210.26 	safety;
210.27 	(18) one member appointed by the commissioner of
210.28 	corrections;
210.29 	(19) one member appointed by the commissioner of
210.30 	administration; and 
210.31 	(20) one member appointed by the chief justice of the
210.32 	Supreme Court.
210.33 	In making these appointments, the appointing authority shall
210.34 	select members with expertise in integrated data systems or best
210.35 	practices.
210.36 	(c) The commissioner of public safety may appoint
211.1 	additional, nonvoting members to the task force as necessary
211.2 	from time to time.
211.3 	
EFFECTIVE DATE. This section is effective July 1, 2005.

211.4 	Sec. 14. Minnesota Statutes 2004, section 299C.65, is
211.5 	amended by adding a subdivision to read:
211.6 		Subd. 3a.Report. The policy group, with the assistance
211.7 	of the task force, shall file an annual report with the
211.8 	governor, Supreme Court, and chairs and ranking minority members
211.9 	of the senate and house committees and divisions with
211.10 	jurisdiction over criminal justice funding and policy by January
211.11 	15 of each year.  The report must provide the following:
211.12 	(1) status and review of current integration efforts and
211.13 	projects;
211.14 	(2) recommendations concerning any legislative changes or
211.15 	appropriations that are needed to ensure that the criminal
211.16 	justice information systems operate accurately and efficiently;
211.17 	and 
211.18 	(3) summary of the activities of the policy group and task
211.19 	force.
211.20 	
EFFECTIVE DATE. This section is effective July 1, 2005.

211.21 	Sec. 15. Minnesota Statutes 2004, section 299C.65,
211.22 	subdivision 5, is amended to read:
211.23 		Subd. 5.Review of funding and grant requests.  (a) The
211.24 	Criminal and Juvenile Justice Information Policy Group shall
211.25 	review the funding requests for criminal justice information
211.26 	systems from state, county, and municipal government agencies.
211.27 	The policy group shall review the requests for compatibility to
211.28 	statewide criminal justice information system standards.  The
211.29 	review shall be forwarded to the chairs and ranking minority
211.30 	members of the house and senate committees and divisions with
211.31 	jurisdiction over criminal justice funding and policy.
211.32 	(b) The policy group shall also review funding requests for
211.33 	criminal justice information systems grants to be made by the
211.34 	commissioner of public safety as provided in this section.
211.35 	Within the limits of available appropriations, the commissioner
211.36 	of public safety shall make grants for projects that have been
212.1 	approved by the policy group.CriMNet program office, in
212.2 	consultation with the Criminal and Juvenile Justice Information
212.3 	Task Force and with the approval of the policy group, shall
212.4 	create the requirements for any grant request and determine the
212.5 	integration priorities for the grant period.  The CriMNet
212.6 	program office shall also review the requests submitted for
212.7 	compatibility to statewide criminal justice information systems
212.8 	standards.
212.9 	(c) If a funding request is for development of a
212.10 	comprehensive criminal justice information integration plan, the
212.11 	policy group shall ensure that the request contains the
212.12 	components specified in subdivision 6.  If a funding request is
212.13 	for implementation of a plan or other criminal justice
212.14 	information systems project, the policy group shall ensure that:
212.15 	(1) the government agency has adopted a comprehensive plan
212.16 	that complies with subdivision 6;
212.17 	(2) the request contains the components specified in
212.18 	subdivision 7; and 
212.19 	(3) the request demonstrates that it is consistent with the
212.20 	government agency's comprehensive plan.The task force shall
212.21 	review funding requests for criminal justice information systems
212.22 	grants and make recommendations to the policy group.  The policy
212.23 	group shall review the recommendations of the task force and
212.24 	shall make a final recommendation for criminal justice
212.25 	information systems grants to be made by the commissioner of
212.26 	public safety.  Within the limits of available state
212.27 	appropriations and federal grants, the commissioner of public
212.28 	safety shall make grants for projects that have been recommended
212.29 	by the policy group.
212.30 	(d) The policy group may approve grants only if the
212.31 	applicant provides an appropriate share of matching funds as
212.32 	determined by the policy group to help pay up to one-half of the
212.33 	costs of the grant request.  The matching requirement must be
212.34 	constant for all counties.  The policy group shall adopt
212.35 	policies concerning the use of in-kind resources to satisfy the
212.36 	match requirement and the sources from which matching funds may
213.1 	be obtained.  Local operational or technology staffing costs may
213.2 	be considered as meeting this match requirement.  Each grant
213.3 	recipient shall certify to the policy group that it has not
213.4 	reduced funds from local, county, federal, or other sources
213.5 	which, in the absence of the grant, would have been made
213.6 	available to the grant recipient to improve or integrate
213.7 	criminal justice technology.
213.8 	(e) All grant recipients shall submit to the CriMNet
213.9 	program office all requested documentation including grant
213.10 	status, financial reports, and a final report evaluating how the
213.11 	grant funds improved the agency's criminal justice integration
213.12 	priorities.  The CriMNet program office shall establish the
213.13 	recipient's reporting dates at the time funds are awarded.
213.14 	
EFFECTIVE DATE. This section is effective July 1, 2005.

213.15 	Sec. 16. Minnesota Statutes 2004, section 326.3384,
213.16 	subdivision 1, is amended to read:
213.17 		Subdivision 1.Prohibition.  No license holder or
213.18 	employee of a license holder shall, in a manner that implies
213.19 	that the person is an employee or agent of a governmental
213.20 	agency, display on a badge, identification card, emblem,
213.21 	vehicle, uniform, stationery, or in advertising for private
213.22 	detective or protective agent services:
213.23 	(1) the words "public safety," "police," "constable,"
213.24 	"highway patrol," "state patrol," "sheriff," "trooper," or "law
213.25 	enforcement"; or
213.26 	(2) the name of a municipality, county, state, or of the
213.27 	United States, or any governmental subdivision thereof.
213.28 	
EFFECTIVE DATE. This section is effective the day
213.29 	following final enactment.

213.30 	Sec. 17. [629.406] MAINTENANCE OF BOOKING RECORDINGS.
213.31 	When a law enforcement agency elects to produce an
213.32 	electronic recording of any portion of the arrest, booking, or
213.33 	testing process in connection with the arrest of a person, the
213.34 	agency must maintain the recording for a minimum of 30 days
213.35 	after the date the person was booked.

213.36 	EFFECTIVE DATE. This section is effective the day
214.1 	following final enactment.

214.2 	Sec. 18. REPEALER.
 214.3 	(a) Minnesota Statutes 2004, sections 299A.64; 299A.65; and
214.4 	299A.66, are repealed.
214.5 	(b) Minnesota Statutes 2004, sections 299A.68; and 299C.65,
214.6 	subdivisions 3, 4, 6, 7, 8, 8a, and 9, are repealed.

214.7 	EFFECTIVE DATE. Paragraph (a) is effective January 1,
214.8 	2006.  Paragraph (b) is effective July 1, 2005.

214.9 	ARTICLE 12
214.10 	DNA COLLECTION

214.11 	Section 1. Minnesota Statutes 2004, section 13.6905,
214.12 	subdivision 17, is amended to read:
214.13 		Subd. 17.Dna evidence.  DNA identification data
214.14 	maintained by the Bureau of Criminal Apprehension are governed
214.15 	by section sections 299C.11 and 299C.155.
214.16 	
EFFECTIVE DATE. This section is effective July 1, 2005.

214.17 	Sec. 2. Minnesota Statutes 2004, section 299C.03, is
214.18 	amended to read:
214.19 	299C.03 SUPERINTENDENT; RULES.
214.20 	The superintendent, with the approval of the commissioner
214.21 	of public safety, from time to time, shall make such rules and
214.22 	adopt such measures as the superintendent deems necessary,
214.23 	within the provisions and limitations of sections 299C.03 to
214.24 	299C.08, 299C.10, 299C.105,299C.11, 299C.17, 299C.18, and
214.25 	299C.21, to secure the efficient operation of the bureau.  The
214.26 	bureau shall cooperate with the respective sheriffs, constables,
214.27 	marshals, police, and other peace officers of the state in the
214.28 	detection of crime and the apprehension of criminals throughout
214.29 	the state, and shall have the power to conduct such
214.30 	investigations as the superintendent, with the approval of the
214.31 	commissioner of public safety, may deem necessary to secure
214.32 	evidence which may be essential to the apprehension and
214.33 	conviction of alleged violators of the criminal laws of the
214.34 	state.  The various members of the bureau shall have and may
214.35 	exercise throughout the state the same powers of arrest
214.36 	possessed by a sheriff, but they shall not be employed to render
215.1 	police service in connection with strikes and other industrial
215.2 	disputes.

215.3 	EFFECTIVE DATE. This section is effective July 1, 2005.

215.4 	Sec. 3. Minnesota Statutes 2004, section 299C.08, is
215.5 	amended to read:
215.6 	299C.08 OATH OF SUPERINTENDENT AND EMPLOYEES.
215.7 	The superintendent and each employee in the bureau whom the
215.8 	superintendent shall designate, before entering upon the
215.9 	performance of duties under sections 299C.03 to 299C.08,
215.10 	299C.10, 299C.105,299C.11, 299C.17, 299C.18, and 299C.21, shall
215.11 	take the usual oath.

215.12 	EFFECTIVE DATE. This section is effective July 1, 2005.

215.13 	Sec. 4. [299C.105] DNA DATA REQUIRED.
215.14 		Subdivision 1.Required collection of biological specimen
215.15 	for dna testing. (a) Sheriffs, peace officers, and community
215.16 	corrections agencies operating secure juvenile detention
215.17 	facilities shall take or cause to be taken biological specimens
215.18 	for the purpose of DNA analysis as defined in section 299C.155,
215.19 	of the following:
215.20 	(1) persons who have appeared in court and have had a
215.21 	judicial probable cause determination on a charge of committing,
215.22 	or persons having been convicted of or attempting to commit, any
215.23 	of the following:
215.24 	(i) murder under section 609.185, 609.19, or 609.195;
215.25 	(ii) manslaughter under section 609.20 or 609.205;
215.26 	(iii) assault under section 609.221, 609.222, or 609.223;
215.27 	(iv) robbery under section 609.24 or aggravated robbery
215.28 	under section 609.245;
215.29 	(v) kidnapping under section 609.25;
215.30 	(vi) false imprisonment under section 609.255;
215.31 	(vii) criminal sexual conduct under section 609.342,
215.32 	609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453;
215.33 	(viii) incest under section 609.365;
215.34 	(ix) burglary under section 609.582, subdivision 1; or 
215.35 	(x) indecent exposure under section 617.23, subdivision 3;
215.36 	(2) persons sentenced as patterned sex offenders under
216.1 	section 609.108; or 
216.2 	(3) juveniles who have appeared in court and have had a
216.3 	judicial probable cause determination on a charge of committing,
216.4 	or juveniles having been adjudicated delinquent for committing
216.5 	or attempting to commit, any of the following:
216.6 	(i) murder under section 609.185, 609.19, or 609.195;
216.7 	(ii) manslaughter under section 609.20 or 609.205;
216.8 	(iii) assault under section 609.221, 609.222, or 609.223;
216.9 	(iv) robbery under section 609.24 or aggravated robbery
216.10 	under section 609.245;
216.11 	(v) kidnapping under section 609.25;
216.12 	(vi) false imprisonment under section 609.255;
216.13 	(vii) criminal sexual conduct under section 609.342,
216.14 	609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453;
216.15 	(viii) incest under section 609.365;
216.16 	(ix) burglary under section 609.582, subdivision 1; or 
216.17 	(x) indecent exposure under section 617.23, subdivision 3.
216.18 	(b) Unless the superintendent of the bureau requires a
216.19 	shorter period, within 72 hours the biological specimen required
216.20 	under paragraph (a) must be forwarded to the bureau in such a
216.21 	manner as may be prescribed by the superintendent.
216.22 	(c) Prosecutors, courts, and probation officers shall
216.23 	attempt to ensure that the biological specimen is taken on a
216.24 	person described in paragraph (a).
216.25 		Subd. 2.Law enforcement training; duties. (a) The
216.26 	persons who collect the biological specimens required under
216.27 	subdivision 1 must be trained to bureau-established standards in
216.28 	the proper method of collecting and transmitting biological
216.29 	specimens.
216.30 	(b) A law enforcement officer who seeks to collect a
216.31 	biological specimen from a juvenile pursuant to subdivision 1
216.32 	must notify the juvenile's parent or guardian prior to
216.33 	collecting the biological specimen.
216.34 		Subd. 3.Bureau duty. (a) The bureau shall destroy the
216.35 	biological specimen and return all records to a person who
216.36 	submitted a biological specimen under subdivision 1 but who was
217.1 	found not guilty of a felony.  Upon the request of a person who
217.2 	submitted a biological specimen under subdivision 1 but where
217.3 	the charge against the person was later dismissed, the bureau
217.4 	shall destroy the person's biological specimen and return all
217.5 	records to the individual.
217.6 	(b) If the bureau destroys a biological specimen under
217.7 	paragraph (a), the bureau shall also remove the person's
217.8 	information from the bureau's combined DNA index system and
217.9 	return all related records, and all copies or duplicates of them.
217.10 	
EFFECTIVE DATE. This section is effective July 1, 2005,
217.11 	and applies to persons arrested on or after that date.

217.12 	Sec. 5. Minnesota Statutes 2004, section 299C.11, is
217.13 	amended to read:
217.14 	299C.11 IDENTIFICATION DATA FURNISHED TO BUREAU.
217.15 		Subdivision 1.Identification data other than dna. (a)
217.16 	Each sheriff and chief of police shall furnish the bureau, upon
217.17 	such form as the superintendent shall prescribe, with such
217.18 	finger and thumb prints, photographs, distinctive physical mark
217.19 	identification data, information on known aliases and street
217.20 	names, and other identification data as may be requested or
217.21 	required by the superintendent of the bureau, which must be
217.22 	taken under the provisions of section 299C.10.  In addition,
217.23 	sheriffs and chiefs of police shall furnish this identification
217.24 	data to the bureau for individuals found to have been convicted
217.25 	of a felony, gross misdemeanor, or targeted misdemeanor, within
217.26 	the ten years immediately preceding their arrest.
217.27 	(b) No petition under chapter 609A is required if the
217.28 	person has not been convicted of any felony or gross
217.29 	misdemeanor, either within or without the state, within the
217.30 	period of ten years immediately preceding the determination of
217.31 	all pending criminal actions or proceedings in favor of the
217.32 	arrested person, and either of the following occurred:
217.33 	(1) all charges were dismissed prior to a determination of
217.34 	probable cause; or
217.35 	(2) the prosecuting authority declined to file any charges
217.36 	and a grand jury did not return an indictment.
218.1 	Where these conditions are met, the bureau or agency shall, upon
218.2 	demand, return to the arrested person finger and thumb prints,
218.3 	photographs, distinctive physical mark identification data,
218.4 	information on known aliases and street names, and other
218.5 	identification data, and all copies and duplicates of them.
218.6 	(c) Except as otherwise provided in paragraph (b), upon the
218.7 	determination of all pending criminal actions or proceedings in
218.8 	favor of the arrested person, and the granting of the petition
218.9 	of the arrested person under chapter 609A, the bureau shall seal
218.10 	finger and thumb prints, photographs, distinctive physical mark
218.11 	identification data, information on known aliases and street
218.12 	names, and other identification data, and all copies and
218.13 	duplicates of them if the arrested person has not been convicted
218.14 	of any felony or gross misdemeanor, either within or without the
218.15 	state, within the period of ten years immediately preceding such
218.16 	determination.
218.17 	(d) Subd. 2.[DNA SAMPLES; LAW ENFORCEMENT DUTIES.] (a)
218.18 	Each sheriff and chief of police shall furnish the bureau, in
218.19 	such form as the superintendent shall prescribe, with the
218.20 	biological specimens required to be taken under section 299C.105.
218.21 	(b) DNA samples and DNA records of the arrested person
218.22 	obtained through authority other than section 299C.105shall not
218.23 	be returned, sealed, or destroyed as to a charge supported by
218.24 	probable cause.
218.25 	(e) Subd. 3.[DEFINITIONS.] For purposes of this section:
218.26 	(1) "determination of all pending criminal actions or
218.27 	proceedings in favor of the arrested person" does not include:
218.28 	(i) the sealing of a criminal record pursuant to section
218.29 	152.18, subdivision 1, 242.31, or chapter 609A;
218.30 	(ii) the arrested person's successful completion of a
218.31 	diversion program;
218.32 	(iii) an order of discharge under section 609.165; or
218.33 	(iv) a pardon granted under section 638.02; and
218.34 	(2) "targeted misdemeanor" has the meaning given in section
218.35 	299C.10, subdivision 1.
218.36 	
EFFECTIVE DATE. This section is effective July 1, 2005,
219.1 	and applies to offenders arrested on or after that date.

219.2 	Sec. 6. Minnesota Statutes 2004, section 299C.155, is
219.3 	amended to read:
219.4 	299C.155 STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.
219.5 		Subdivision 1.Definition. As used in this section, "DNA
219.6 	analysis" means the process through which deoxyribonucleic acid
219.7 	(DNA) in a human biological specimen is analyzed and compared
219.8 	with DNA from another human biological specimen for
219.9 	identification purposes.
219.10 		Subd. 2.Uniform evidence collection. The bureau shall
219.11 	develop uniform procedures and protocols for collecting evidence
219.12 	in cases of alleged or suspected criminal sexual conduct,
219.13 	including procedures and protocols for the collection and
219.14 	preservation of human biological specimens for DNA analysis. Law
219.15 	enforcement agencies and medical personnel who conduct
219.16 	evidentiary exams shall use the uniform procedures and protocols
219.17 	in their investigation of criminal sexual conduct offenses.  The
219.18 	uniform procedures and protocols developed under this
219.19 	subdivision are not subject to the rulemaking provisions of
219.20 	chapter 14.
219.21 		Subd. 3.Dna analysis and data bank. The bureau shall
219.22 	adopt uniform procedures and protocols to maintain, preserve,
219.23 	and analyze human biological specimens for DNA.  The bureau
219.24 	shall establish a centralized system to cross-reference data
219.25 	obtained from DNA analysis. Data contained on the bureau's
219.26 	centralized system is private data on individuals, as that term
219.27 	is defined in section 13.02.  The bureau's centralized system
219.28 	may only be accessed by authorized law enforcement personnel and
219.29 	used solely for law enforcement identification purposes.  The
219.30 	remedies in section 13.08 apply to a violation of this
219.31 	subdivision.The uniform procedures and protocols developed
219.32 	under this subdivision are not subject to the rulemaking
219.33 	provisions of chapter 14.
219.34 		Subd. 4.Record. The bureau shall perform DNA analysis
219.35 	and make data obtained available to law enforcement officials in
219.36 	connection with criminal investigations in which human
220.1 	biological specimens have been recovered.  Upon request, the
220.2 	bureau shall also make the data available to the prosecutor and
220.3 	the subject of the data in any subsequent criminal prosecution
220.4 	of the subject. The results of the bureau's DNA analysis and
220.5 	related records are private data on individuals, as that term is
220.6 	defined in section 13.02, and may only be used for law
220.7 	enforcement identification purposes.  The remedies in section
220.8 	13.08 apply to a violation of this subdivision.
220.9 	
EFFECTIVE DATE. This section is effective July 1, 2005.

220.10 	Sec. 7. Minnesota Statutes 2004, section 299C.21, is
220.11 	amended to read:
220.12 	299C.21 PENALTY ON LOCAL OFFICER REFUSING INFORMATION.
220.13 	If any public official charged with the duty of furnishing
220.14 	to the bureau fingerprint records, biological specimens,
220.15 	reports, or other information required by sections 299C.06,
220.16 	299C.10, 299C.105,299C.11, 299C.17, shall neglect or refuse to
220.17 	comply with such requirement, the bureau, in writing, shall
220.18 	notify the state, county, or city officer charged with the
220.19 	issuance of a warrant for the payment of the salary of such
220.20 	official.  Upon the receipt of the notice the state, county, or
220.21 	city official shall withhold the issuance of a warrant for the
220.22 	payment of the salary or other compensation accruing to such
220.23 	officer for the period of 30 days thereafter until notified by
220.24 	the bureau that such suspension has been released by the
220.25 	performance of the required duty.

220.26 	EFFECTIVE DATE. This section is effective July 1, 2005.

220.27 	Sec. 8. [590.10] PRESERVATION OF EVIDENCE.
220.28 		Subdivision 1.Preservation. Notwithstanding any other
220.29 	provision of law, all appropriate governmental entities shall
220.30 	retain any biological evidence relating to the identification of
220.31 	a defendant used to secure a conviction in a criminal case until
220.32 	expiration of sentence unless earlier disposition is authorized
220.33 	by court order after notice to the defendant and defense
220.34 	counsel.  No order for earlier disposition of this evidence
220.35 	shall be issued if the defendant or defense counsel objects.
220.36 	The governmental entity need retain only the portion of
221.1 	such evidence as was used to obtain an accurate biological
221.2 	sample used to obtain a conviction.  If the size of the
221.3 	biological sample requires that it be consumed in analysis, the
221.4 	Minnesota Rules of Criminal Procedure shall apply.  If evidence
221.5 	is intentionally destroyed after the filing of a petition under
221.6 	section 590.01, subdivision 1a, the court may impose appropriate
221.7 	sanctions on the responsible party or parties.
221.8 		Subd. 2.Definition. For purposes of this section,
221.9 	"biological evidence" means:
221.10 	(1) the samples obtained in a sexual assault examination
221.11 	kit; or 
221.12 	(2) any item that contains blood, semen, hair, saliva,
221.13 	skin, tissue, or other identifiable biological material present
221.14 	on physical evidence or preserved on a slide or swab if such
221.15 	evidence relates to the identification of the defendant.
221.16 	
EFFECTIVE DATE. This section is effective the day
221.17 	following final enactment.

221.18 	Sec. 9. Minnesota Statutes 2004, section 609.117, is
221.19 	amended to read:
221.20 	609.117 DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.
221.21 		Subdivision 1.Upon sentencing. If an offender has not
221.22 	already done so,the court shall order an offender to provide a
221.23 	biological specimen for the purpose of DNA analysis as defined
221.24 	in section 299C.155 when:
221.25 	(1) the court sentences a person charged with violating or
221.26 	attempting to violate any of the following,committing or
221.27 	attempting to commit a felony offense and the person is
221.28 	convicted of that offense or of any offense arising out of the
221.29 	same set of circumstances:
221.30 	(i) murder under section 609.185, 609.19, or 609.195;
221.31 	(ii) manslaughter under section 609.20 or 609.205;
221.32 	(iii) assault under section 609.221, 609.222, or 609.223;
221.33 	(iv) robbery under section 609.24 or aggravated robbery
221.34 	under section 609.245;
221.35 	(v) kidnapping under section 609.25;
221.36 	(vi) false imprisonment under section 609.255;
222.1 	(vii) criminal sexual conduct under section 609.342,
222.2 	609.343, 609.344, 609.345, or 609.3451, subdivision 3;
222.3 	(viii) incest under section 609.365;
222.4 	(ix) burglary under section 609.582, subdivision 1; or 
222.5 	(x) indecent exposure under section 617.23, subdivision 3;
222.6 	(2) the court sentences a person as a patterned sex
222.7 	offender under section 609.108; or
222.8 	(3) (2) the juvenile court adjudicates a person a
222.9 	delinquent child who is the subject of a delinquency petition
222.10 	for violating or attempting to violate any of the following, and
222.11 	the delinquency adjudication is based on a violation of one of
222.12 	those sections or of any offense arising out of the same set of
222.13 	circumstances:
222.14 	(i) murder under section 609.185, 609.19, or 609.195;
222.15 	(ii) manslaughter under section 609.20 or 609.205;
222.16 	(iii) assault under section 609.221, 609.222, or 609.223;
222.17 	(iv) robbery under section 609.24 or aggravated robbery
222.18 	under section 609.245;
222.19 	(v) kidnapping under section 609.25;
222.20 	(vi) false imprisonment under section 609.255;
222.21 	(vii) criminal sexual conduct under section 609.342,
222.22 	609.343, 609.344, 609.345, or 609.3451, subdivision 3;
222.23 	(viii) incest under section 609.365;
222.24 	(ix) burglary under section 609.582, subdivision 1; or 
222.25 	(x) indecent exposure under section 617.23, subdivision
222.26 	3 petitioned for committing or attempting to commit a felony
222.27 	offense and is adjudicated delinquent for that offense or any
222.28 	offense arising out of the same set of circumstances.
222.29 	The biological specimen or the results of the analysis shall be
222.30 	maintained by the Bureau of Criminal Apprehension as provided in
222.31 	section 299C.155.
222.32 		Subd. 2.Before release. The commissioner of corrections
222.33 	or local corrections authority shall order a person to provide a
222.34 	biological specimen for the purpose of DNA analysis before
222.35 	completion of the person's term of imprisonment when the person
222.36 	has not provided a biological specimen for the purpose of DNA
223.1 	analysis and the person:
223.2 	(1) is currently serving a term of imprisonment for or has
223.3 	a past conviction for violating or attempting to violate any of
223.4 	the following or a similar law of another state or the United
223.5 	States or was initially charged with violating one of the
223.6 	following sections or a similar law of another state or the
223.7 	United States and committing or attempting to commit a felony
223.8 	offense and was convicted of another that offense or of any 
223.9 	offense arising out of the same set of circumstances:
223.10 	(i) murder under section 609.185, 609.19, or 609.195;
223.11 	(ii) manslaughter under section 609.20 or 609.205;
223.12 	(iii) assault under section 609.221, 609.222, or 609.223;
223.13 	(iv) robbery under section 609.24 or aggravated robbery
223.14 	under section 609.245;
223.15 	(v) kidnapping under section 609.25;
223.16 	(vi) false imprisonment under section 609.255;
223.17 	(vii) criminal sexual conduct under section 609.342,
223.18 	609.343, 609.344, 609.345, or 609.3451, subdivision 3;
223.19 	(viii) incest under section 609.365;
223.20 	(ix) burglary under section 609.582, subdivision 1; or 
223.21 	(x) indecent exposure under section 617.23, subdivision 3;
223.22 	or 
223.23 	(2) was sentenced as a patterned sex offender under section
223.24 	609.108, and committed to the custody of the commissioner of
223.25 	corrections , or the person has a past felony conviction in this
223.26 	or any other state; or
223.27 	(3) (2) is serving a term of imprisonment in this state
223.28 	under a reciprocal agreement although convicted in another state
223.29 	of an offense described in this subdivision or a similar law of
223.30 	the United States or any other state committing or attempting to
223.31 	commit a felony offense or of any offense arising out of the
223.32 	same set of circumstances if the person was initially charged
223.33 	with committing or attempting to commit a felony offense.  The
223.34 	commissioner of corrections or local corrections authority shall
223.35 	forward the sample to the Bureau of Criminal Apprehension.
223.36 		Subd. 3.Offenders from other states. When the state
224.1 	accepts an offender from another state under the interstate
224.2 	compact authorized by section 243.16, the acceptance is
224.3 	conditional on the offender providing a biological specimen for
224.4 	the purposes of DNA analysis as defined in section 299C.155, if
224.5 	the offender was convicted of an offense described in
224.6 	subdivision 1 or a similar law of the United States or any other
224.7 	state initially charged with committing or attempting to commit
224.8 	a felony offense and was convicted of that offense or of any
224.9 	offense arising out of the same set of circumstances.  The
224.10 	specimen must be provided under supervision of staff from the
224.11 	Department of Corrections or a Community Corrections Act county
224.12 	within 15 business days after the offender reports to the
224.13 	supervising agent.  The cost of obtaining the biological
224.14 	specimen is the responsibility of the agency providing
224.15 	supervision.
224.16 	
EFFECTIVE DATE. This section is effective July 1, 2005,
224.17 	and applies to offenders sentenced, released from incarceration,
224.18 	or accepted for supervision on or after that date.

224.19 	Sec. 10. Minnesota Statutes 2004, section 609A.02,
224.20 	subdivision 3, is amended to read:
224.21 		Subd. 3.Certain criminal proceedings not resulting in a
224.22 	conviction.  A petition may be filed under section 609A.03 to
224.23 	seal all records relating to an arrest, indictment or
224.24 	information, trial, or verdict if the records are not subject to
224.25 	section 299C.11, subdivision 1,paragraph (b), and if all
224.26 	pending actions or proceedings were resolved in favor of the
224.27 	petitioner.  For purposes of this chapter, a verdict of not
224.28 	guilty by reason of mental illness is not a resolution in favor
224.29 	of the petitioner.
224.30 	
EFFECTIVE DATE. This section is effective July 1, 2005.

224.31 	Sec. 11. Minnesota Statutes 2004, section 609A.03,
224.32 	subdivision 7, is amended to read:
224.33 		Subd. 7.Limitations of order.  (a) Upon issuance of an
224.34 	expungement order related to a charge supported by probable
224.35 	cause, the DNA samples and DNA records held by the Bureau of
224.36 	Criminal Apprehension and collected under authority other than
225.1 	section 299C.105,shall not be sealed, returned to the subject
225.2 	of the record, or destroyed.
225.3 	(b) Notwithstanding the issuance of an expungement order:
225.4 	(1) an expunged record may be opened for purposes of a
225.5 	criminal investigation, prosecution, or sentencing, upon an ex
225.6 	parte court order; and
225.7 	(2) an expunged record of a conviction may be opened for
225.8 	purposes of evaluating a prospective employee in a criminal
225.9 	justice agency without a court order.
225.10 	Upon request by law enforcement, prosecution, or
225.11 	corrections authorities, an agency or jurisdiction subject to an
225.12 	expungement order shall inform the requester of the existence of
225.13 	a sealed record and of the right to obtain access to it as
225.14 	provided by this paragraph.  For purposes of this section, a
225.15 	"criminal justice agency" means courts or a government agency
225.16 	that performs the administration of criminal justice under
225.17 	statutory authority.
225.18 	
EFFECTIVE DATE. This section is effective July 1, 2005.

225.19 	Sec. 12. REPEALER.
 225.20 	Minnesota Statutes 2004, section 609.119, is repealed.

225.21 	EFFECTIVE DATE. This section is effective July 1, 2005.

225.22 	ARTICLE 13
225.23 	CORRECTIONS

225.24 	Section 1. Minnesota Statutes 2004, section 16C.09, is
225.25 	amended to read:
225.26 	16C.09 PROCEDURE FOR SERVICE CONTRACTS.
225.27 	(a) Before entering into or approving a service contract,
225.28 	the commissioner must determine, at least, that:
225.29 	(1) no current state employee is able and available to
225.30 	perform the services called for by the contract;
225.31 	(2) the work to be performed under the contract is
225.32 	necessary to the agency's achievement of its statutory
225.33 	responsibilities and there is statutory authority to enter into
225.34 	the contract;
225.35 	(3) the contract will not establish an employment
225.36 	relationship between the state or the agency and any persons
226.1 	performing under the contract;
226.2 	(4) the contractor and agents are not employees of the
226.3 	state;
226.4 	(5) the contracting agency has specified a satisfactory
226.5 	method of evaluating and using the results of the work to be
226.6 	performed; and
226.7 	(6) the combined contract and amendments will not exceed
226.8 	five years without specific, written approval by the
226.9 	commissioner according to established policy, procedures, and
226.10 	standards, or unless otherwise provided for by law.  The term of
226.11 	the original contract must not exceed two years, unless the
226.12 	commissioner determines that a longer duration is in the best
226.13 	interest of the state.
226.14 	(b) For purposes of paragraph (a), clause (1), employees
226.15 	are available if qualified and:
226.16 	(1) are already doing the work in question; or
226.17 	(2) are on layoff status in classes that can do the work in
226.18 	question.
226.19 	An employee is not available if the employee is doing other
226.20 	work, is retired, or has decided not to do the work in question.
226.21 	(c) This section does not apply to an agency's use of
226.22 	inmates pursuant to sections 241.20 to 241.23 or to an agency's
226.23 	use of persons required by a court to provide:
226.24 	(1) community service; or 
226.25 	(2) conservation or maintenance services on lands under the
226.26 	jurisdiction and control of the state.

226.27 	EFFECTIVE DATE. This section is effective July 1, 2005.

226.28 	Sec. 2. Minnesota Statutes 2004, section 43A.047, is
226.29 	amended to read:
226.30 	43A.047 CONTRACTED SERVICES.
226.31 	(a) Executive agencies, including the Minnesota State
226.32 	Colleges and Universities system, must demonstrate that they
226.33 	cannot use available staff before hiring outside consultants or
226.34 	services.  If use of consultants is necessary, agencies are
226.35 	encouraged to negotiate contracts that will involve permanent
226.36 	staff, so as to upgrade and maximize training of state employees.
227.1 	(b) If agencies reduce operating budgets, agencies must
227.2 	give priority to reducing spending on professional and technical
227.3 	service contracts before laying off permanent employees.
227.4 	(c) This section does not apply to an agency's use of
227.5 	inmates pursuant to sections 241.20 to 241.23 or to an agency's
227.6 	use of persons required by a court to provide:
227.7 	(1) community service; or 
227.8 	(2) conservation or maintenance services on lands under the
227.9 	jurisdiction and control of the state.

227.10 	EFFECTIVE DATE. This section is effective July 1, 2005.

227.11 	Sec. 3. [241.026] CORRECTIONAL OFFICERS DISCIPLINE
227.12 	PROCEDURES.
227.13 		Subdivision 1.Definitions. (a) For purposes of this
227.14 	section, the terms defined in this subdivision have the meanings
227.15 	given them.
227.16 	(b) "Correctional officer" and "officer" mean a person
227.17 	employed by the state, a state correctional facility, or a local
227.18 	correctional or detention facility in a security capacity.
227.19 	(c) "Formal statement" means the questioning of an officer
227.20 	in the course of obtaining a recorded, stenographic, or signed
227.21 	statement to be used as evidence in a disciplinary proceeding
227.22 	against the officer.
227.23 		Subd. 2.Applicability. The procedures and provisions of
227.24 	this section apply to state and local correctional authorities.
227.25 		Subd. 3.Governing formal statement procedures. The
227.26 	formal statement of an officer must be taken according to
227.27 	subdivision 4.
227.28 		Subd. 4.Place of formal statement. The formal statement
227.29 	must be taken at a facility of the employing or investigating
227.30 	agency or at a place agreed to by the investigating individual
227.31 	and the investigated officer.
227.32 		Subd. 5.Admissions. Before an officer's formal
227.33 	statement is taken, the officer shall be advised in writing or
227.34 	on the record that admissions made in the course of the formal
227.35 	statement may be used as evidence of misconduct or as a basis
227.36 	for discipline.
228.1 		Subd. 6.Disclosure of financial records. No employer
228.2 	may require an officer to produce or disclose the officer's
228.3 	personal financial records except pursuant to a valid search
228.4 	warrant or subpoena.
228.5 		Subd. 7.Release of photographs. No state or local
228.6 	correctional facility or governmental unit may publicly release
228.7 	photographs of an officer without the written permission of the
228.8 	officer, except that the facility or unit may display a
228.9 	photograph of an officer to a prospective witness as part of an
228.10 	agency or unit investigation.
228.11 		Subd. 8.Disciplinary letter. No disciplinary letter or
228.12 	reprimand may be included in an officer's personnel record
228.13 	unless the officer has been given a copy of the letter or
228.14 	reprimand.
228.15 		Subd. 9.Retaliatory action prohibited. No officer may
228.16 	be discharged, disciplined, or threatened with discharge or
228.17 	discipline as retaliation for or solely by reason of the
228.18 	officer's exercise of the rights provided by this section.
228.19 		Subd. 10.Rights not reduced. The rights of officers
228.20 	provided by this section are in addition to and do not diminish
228.21 	the rights and privileges of officers that are provided under an
228.22 	applicable collective bargaining agreement or any other
228.23 	applicable law.
228.24 	
EFFECTIVE DATE. This section is effective July 1, 2005.

228.25 	Sec. 4. Minnesota Statutes 2004, section 243.1606,
228.26 	subdivision 1, is amended to read:
228.27 		Subdivision 1.Membership.  The Advisory Council on
228.28 	Interstate Adult Offender Supervision consists of the following
228.29 	individuals or their designees:
228.30 	(1) the governor;
228.31 	(2) the chief justice of the Supreme Court;
228.32 	(3) two senators, one from the majority and the other from
228.33 	the minority party, selected by the Subcommittee on Committees
228.34 	of the senate Committee on Rules and Administration;
228.35 	(4) two representatives, one from the majority and the
228.36 	other from the minority party, selected by the house speaker;
229.1 	(5) the compact administrator, selected as provided in
229.2 	section 243.1607; and 
229.3 	(6) the executive director of the Center for Crime Victim
229.4 	Services; and 
229.5 	(7) other members as appointed by the commissioner of
229.6 	corrections.
229.7 	The council may elect a chair from among its members.
229.8 	
EFFECTIVE DATE. This section is effective July 1, 2005.

229.9 	Sec. 5. Minnesota Statutes 2004, section 243.24,
229.10 	subdivision 2, is amended to read:
229.11 		Subd. 2.Chief executive officer to increase fund to
229.12 	$100.  If the fund standing to the credit of the prisoner on the
229.13 	prisoner's leaving the facility by discharge, supervised
229.14 	release,or on parole be less than $100, the warden or chief
229.15 	executive officer is directed to pay out of the current expense
229.16 	fund of the facility sufficient funds to make the total of said
229.17 	earnings the sum of $100. Offenders who have previously
229.18 	received the $100 upon their initial release from incarceration
229.19 	will not receive the $100 on any second or subsequent release
229.20 	from incarceration for that offense.  Offenders who were
229.21 	sentenced as short-term offenders under section 609.105 shall
229.22 	not receive gate money.
229.23 	
EFFECTIVE DATE. This section is effective July 1, 2005.

229.24 	Sec. 6. [244.055] CONDITIONAL RELEASE OF NONVIOLENT
229.25 	CONTROLLED SUBSTANCE OFFENDERS; OPPORTUNITY FOR DRUG TREATMENT.
229.26 		Subdivision 1.Conditional release authority. The
229.27 	commissioner of corrections has the authority to release
229.28 	offenders committed to the commissioner's custody who meet the
229.29 	requirements of this section and of any rules adopted by the
229.30 	commissioner.
229.31 		Subd. 2.Conditional release of certain nonviolent
229.32 	controlled substance offenders. An offender who has been
229.33 	committed to the commissioner's custody may petition the
229.34 	commissioner for conditional release from prison before the
229.35 	offender's scheduled supervised release date or target release
229.36 	date if:
230.1 	(1) the offender is serving a sentence for violating
230.2 	section 152.021, subdivision 2 or 2a; 152.022, subdivision 2;
230.3 	152.023; 152.024; or 152.025;
230.4 	(2) the offender committed the crime as a result of a
230.5 	controlled substance addiction, and not primarily for profit;
230.6 	(3) the offender has served at least 36 months or one-half
230.7 	of the offender's term of imprisonment, whichever is less;
230.8 	(4) the offender successfully completed a chemical
230.9 	dependency treatment program of the type described in this
230.10 	section while in prison;
230.11 	(5) the offender has not previously been conditionally
230.12 	released under this section; and 
230.13 	(6) the offender has not within the past ten years been
230.14 	convicted or adjudicated delinquent for a violent crime as
230.15 	defined in section 609.1095 other than the current conviction
230.16 	for the controlled substance offense.
230.17 		Subd. 3.Offer of chemical dependency treatment. The
230.18 	commissioner shall offer all offenders meeting the criteria
230.19 	described in subdivision 2, clauses (1), (2), (5), and (6), the
230.20 	opportunity to begin a suitable chemical dependency treatment
230.21 	program of the type described in this section within 160 days
230.22 	after the offender's term of imprisonment begins or as soon
230.23 	after 160 days as possible.
230.24 		Subd. 4.Chemical dependency treatment program
230.25 	components. (a) The chemical dependency treatment program
230.26 	described in subdivisions 2 and 3 must:
230.27 	(1) contain a highly structured daily schedule for the
230.28 	offender;
230.29 	(2) contain individualized educational programs designed to
230.30 	improve the basic educational skills of the offender and to
230.31 	provide vocational training, if appropriate;
230.32 	(3) contain programs designed to promote the offender's
230.33 	self-worth and the offender's acceptance of responsibility for
230.34 	the consequences of the offender's own decisions;
230.35 	(4) be licensed by the Department of Human Services and
230.36 	designed to serve the inmate population; and 
231.1 	(5) require that each offender submit to a chemical use
231.2 	assessment and that the offender receive the appropriate level
231.3 	of treatment as indicated by the assessment.
231.4 	(b) The commissioner shall expel from the chemical
231.5 	dependency treatment program, any offender who:
231.6 	(1) commits a material violation of, or repeatedly fails to
231.7 	follow the rules of the program;
231.8 	(2) commits any criminal offense while in the program; or 
231.9 	(3) presents any risk to other inmates based on the
231.10 	offender's behavior or attitude.
231.11 		Subd. 5.Additional requirements. To be eligible for
231.12 	release under this section, an offender shall sign a written
231.13 	contract with the commissioner agreeing to comply with the
231.14 	requirements of this section and the conditions imposed by the
231.15 	commissioner.  In addition to other items, the contract must
231.16 	specifically refer to the term of imprisonment extension in
231.17 	subdivision 6.  In addition, the offender shall agree to submit
231.18 	to random drug and alcohol tests and electronic or home
231.19 	monitoring as determined by the commissioner or the offender's
231.20 	supervising agent.  The commissioner may impose additional
231.21 	requirements on the offender that are necessary to carry out the
231.22 	goals of this section.
231.23 		Subd. 6.Extension of term of imprisonment for offenders
231.24 	who fail in treatment. When an offender fails to successfully
231.25 	complete the chemical dependency treatment program under this
231.26 	section, the commissioner shall add the time that the offender
231.27 	was participating in the program to the offender's term of
231.28 	imprisonment.  However, the offender's term of imprisonment may
231.29 	not be extended beyond the offender's executed sentence.
231.30 		Subd. 7.Release procedures. The commissioner may deny
231.31 	conditional release to an offender under this section if the
231.32 	commissioner determines that the offender's release may
231.33 	reasonably pose a danger to the public or an individual.  In
231.34 	making this determination, the commissioner shall follow the
231.35 	procedures contained in section 244.05, subdivision 5, and the
231.36 	rules adopted by the commissioner under that subdivision.  The
232.1 	commissioner shall consider whether the offender was involved in
232.2 	criminal gang activity during the offender's prison term.  The
232.3 	commissioner shall also consider the offender's custody
232.4 	classification and level of risk of violence and the
232.5 	availability of appropriate community supervision for the
232.6 	offender.  Conditional release granted under this section
232.7 	continues until the offender's sentence expires, unless release
232.8 	is rescinded under subdivision 8.  The commissioner may not
232.9 	grant conditional release unless a release plan is in place for
232.10 	the offender that addresses, at a minimum, plans for aftercare,
232.11 	community-based chemical dependency treatment, gaining
232.12 	employment, and securing housing.
232.13 		Subd. 8.Conditional release. The conditions of release
232.14 	granted under this section are governed by the statutes and
232.15 	rules governing supervised release under this chapter, except
232.16 	that release may be rescinded without hearing by the
232.17 	commissioner if the commissioner determines that continuation of
232.18 	the conditional release poses a danger to the public or to an
232.19 	individual.  If the commissioner rescinds an offender's
232.20 	conditional release, the offender shall be returned to prison
232.21 	and shall serve the remaining portion of the offender's sentence.
232.22 		Subd. 9.Offenders serving other sentences. An offender
232.23 	who is serving both a sentence for an offense described in
232.24 	subdivision 2 and an offense not described in subdivision 2, is
232.25 	not eligible for release under this section unless the offender
232.26 	has completed the offender's full term of imprisonment for the
232.27 	other offense.
232.28 		Subd. 10.Notice. Upon receiving an offender's petition
232.29 	for release under subdivision 2, the commissioner shall notify
232.30 	the prosecuting authority responsible for the offender's
232.31 	conviction and the sentencing court.  The commissioner shall
232.32 	give the authority and court a reasonable opportunity to comment
232.33 	on the offender's potential release.  This subdivision applies
232.34 	only to offenders sentenced before July 1, 2005.
232.35 		Subd. 11.Sunset. This section expires July 1, 2007.
232.36 	
EFFECTIVE DATE. This section is effective July 1, 2005,
233.1 	and applies to persons in prison on or after that date.

233.2 	Sec. 7. Minnesota Statutes 2004, section 244.18,
233.3 	subdivision 2, is amended to read:
233.4 		Subd. 2.Local correctional fees.  A local correctional
233.5 	agency may establish a schedule of local correctional fees to
233.6 	charge persons convicted of a crime and under the supervision
233.7 	and control of the local correctional agency to defray costs
233.8 	associated with correctional services.  The local correctional
233.9 	fees on the schedule must be reasonably related to defendants'
233.10 	abilities to pay and the actual cost of correctional services.
233.11 	
EFFECTIVE DATE. This section is effective July 1, 2005.

233.12 	Sec. 8. Minnesota Statutes 2004, section 609.531,
233.13 	subdivision 1, is amended to read:
233.14 		Subdivision 1.Definitions.  For the purpose of sections
233.15 	609.531 to 609.5318, the following terms have the meanings given
233.16 	them.
233.17 	(a) "Conveyance device" means a device used for
233.18 	transportation and includes, but is not limited to, a motor
233.19 	vehicle, trailer, snowmobile, airplane, and vessel and any
233.20 	equipment attached to it.  The term "conveyance device" does not
233.21 	include property which is, in fact, itself stolen or taken in
233.22 	violation of the law.
233.23 	(b) "Weapon used" means a dangerous weapon as defined under
233.24 	section 609.02, subdivision 6, that the actor used or had in
233.25 	possession in furtherance of a crime.
233.26 	(c) "Property" means property as defined in section 609.52,
233.27 	subdivision 1, clause (1).
233.28 	(d) "Contraband" means property which is illegal to possess
233.29 	under Minnesota law.
233.30 	(e) "Appropriate agency" means the Bureau of Criminal
233.31 	Apprehension, the Minnesota Division of Driver and Vehicle
233.32 	Services, the Minnesota State Patrol, a county sheriff's
233.33 	department, the Suburban Hennepin Regional Park District park
233.34 	rangers, the Department of Natural Resources Division of
233.35 	Enforcement, the University of Minnesota Police Department, the
233.36 	Department of Corrections' Fugitive Apprehension Unit,or a city
234.1 	or airport police department.
234.2 	(f) "Designated offense" includes:
234.3 	(1) for weapons used:  any violation of this chapter,
234.4 	chapter 152, or chapter 624;
234.5 	(2) for driver's license or identification card
234.6 	transactions:  any violation of section 171.22; and
234.7 	(3) for all other purposes:  a felony violation of, or a
234.8 	felony-level attempt or conspiracy to violate, section 325E.17;
234.9 	325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
234.10 	609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322;
234.11 	609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
234.12 	1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to
234.13 	(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e),
234.14 	and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487;
234.15 	609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551;
234.16 	609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631;
234.17 	609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and
234.18 	12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893;
234.19 	609.895; 617.246; or a gross misdemeanor or felony violation of
234.20 	section 609.891 or 624.7181; or any violation of section 609.324.
234.21 	(g) "Controlled substance" has the meaning given in section
234.22 	152.01, subdivision 4.
234.23 	
EFFECTIVE DATE. This section is effective July 1, 2005.

234.24 	Sec. 9. Minnesota Statutes 2004, section 609.5311,
234.25 	subdivision 2, is amended to read:
234.26 		Subd. 2.Associated property. (a) All property, real and
234.27 	personal, that has been used, or is intended for use, or has in
234.28 	any way facilitated, in whole or in part, the manufacturing,
234.29 	compounding, processing, delivering, importing, cultivating,
234.30 	exporting, transporting, or exchanging of contraband or a
234.31 	controlled substance that has not been lawfully manufactured,
234.32 	distributed, dispensed, and acquired is subject to forfeiture
234.33 	under this section, except as provided in subdivision 3.
234.34 	(b) The Department of Corrections' Fugitive Apprehension
234.35 	Unit shall not seize real property for the purposes of
234.36 	forfeiture under paragraph (a).
235.1 	
EFFECTIVE DATE. This section is effective July 1, 2005.

235.2 	Sec. 10. Minnesota Statutes 2004, section 609.5311,
235.3 	subdivision 3, is amended to read:
235.4 		Subd. 3.Limitations on forfeiture of certain property
235.5 	associated with controlled substances.  (a) A conveyance device
235.6 	is subject to forfeiture under this section only if the retail
235.7 	value of the controlled substance is $25 or more and the
235.8 	conveyance device is associated with a felony-level controlled
235.9 	substance crime.
235.10 	(b) Real property is subject to forfeiture under this
235.11 	section only if the retail value of the controlled substance or
235.12 	contraband is $1,000 or more.
235.13 	(c) Property used by any person as a common carrier in the
235.14 	transaction of business as a common carrier is subject to
235.15 	forfeiture under this section only if the owner of the property
235.16 	is a consenting party to, or is privy to, the use or intended
235.17 	use of the property as described in subdivision 2.
235.18 	(d) Property is subject to forfeiture under this section
235.19 	only if its owner was privy to the use or intended use described
235.20 	in subdivision 2, or the unlawful use or intended use of the
235.21 	property otherwise occurred with the owner's knowledge or
235.22 	consent.
235.23 	(e) Forfeiture under this section of a conveyance device or
235.24 	real property encumbered by a bona fide security interest is
235.25 	subject to the interest of the secured party unless the secured
235.26 	party had knowledge of or consented to the act or omission upon
235.27 	which the forfeiture is based.  A person claiming a security
235.28 	interest bears the burden of establishing that interest by clear
235.29 	and convincing evidence.
235.30 	(f) Forfeiture under this section of real property is
235.31 	subject to the interests of a good faith purchaser for value
235.32 	unless the purchaser had knowledge of or consented to the act or
235.33 	omission upon which the forfeiture is based.
235.34 	(g) Notwithstanding paragraphs (d), (e), and (f), property
235.35 	is not subject to forfeiture based solely on the owner's or
235.36 	secured party's knowledge of the unlawful use or intended use of
236.1 	the property if:  (1) the owner or secured party took reasonable
236.2 	steps to terminate use of the property by the offender; or (2)
236.3 	the property is real property owned by the parent of the
236.4 	offender, unless the parent actively participated in, or
236.5 	knowingly acquiesced to, a violation of chapter 152, or the real
236.6 	property constitutes proceeds derived from or traceable to a use
236.7 	described in subdivision 2.
236.8 	(h) The Department of Correction's Fugitive Apprehension
236.9 	Unit shall not seize a conveyance device or real property, for
236.10 	the purposes of forfeiture under paragraphs (a) to (g).
236.11 	
EFFECTIVE DATE. This section is effective July 1, 2005.

236.12 	Sec. 11. Minnesota Statutes 2004, section 609.5312,
236.13 	subdivision 1, is amended to read:
236.14 		Subdivision 1.Property subject to forfeiture. (a) All
236.15 	personal property is subject to forfeiture if it was used or
236.16 	intended for use to commit or facilitate the commission of a
236.17 	designated offense.  All money and other property, real and
236.18 	personal, that represent proceeds of a designated offense, and
236.19 	all contraband property, are subject to forfeiture, except as
236.20 	provided in this section.
236.21 	(b) The Department of Corrections' Fugitive Apprehension
236.22 	Unit shall not seize real property for the purposes of
236.23 	forfeiture under paragraph (a).
236.24 	
EFFECTIVE DATE. This section is effective July 1, 2005.

236.25 	Sec. 12. Minnesota Statutes 2004, section 609.5312,
236.26 	subdivision 3, is amended to read:
236.27 		Subd. 3.Vehicle forfeiture for prostitution offenses.
 236.28 	(a) A motor vehicle is subject to forfeiture under this
236.29 	subdivision if it was used to commit or facilitate, or used
236.30 	during the commission of, a violation of section 609.324 or a
236.31 	violation of a local ordinance substantially similar to section
236.32 	609.324.  A motor vehicle is subject to forfeiture under this
236.33 	subdivision only if the offense is established by proof of a
236.34 	criminal conviction for the offense.  Except as otherwise
236.35 	provided in this subdivision, a forfeiture under this
236.36 	subdivision is governed by sections 609.531, 609.5312, and
237.1 	609.5313.
237.2 	(b) When a motor vehicle subject to forfeiture under this
237.3 	subdivision is seized in advance of a judicial forfeiture order,
237.4 	a hearing before a judge or referee must be held within 96 hours
237.5 	of the seizure.  Notice of the hearing must be given to the
237.6 	registered owner within 48 hours of the seizure.  The
237.7 	prosecuting authority shall certify to the court, at or in
237.8 	advance of the hearing, that it has filed or intends to file
237.9 	charges against the alleged violator for violating section
237.10 	609.324 or a local ordinance substantially similar to section
237.11 	609.324.  After conducting the hearing, the court shall order
237.12 	that the motor vehicle be returned to the owner if:
237.13 	(1) the prosecutor has failed to make the certification
237.14 	required by paragraph (b);
237.15 	(2) the owner of the motor vehicle has demonstrated to the
237.16 	court's satisfaction that the owner has a defense to the
237.17 	forfeiture, including but not limited to the defenses contained
237.18 	in subdivision 2; or
237.19 	(3) the court determines that seizure of the vehicle
237.20 	creates or would create an undue hardship for members of the
237.21 	owner's family.
237.22 	(c) If the defendant is acquitted or prostitution charges
237.23 	against the defendant are dismissed, neither the owner nor the
237.24 	defendant is responsible for paying any costs associated with
237.25 	the seizure or storage of the vehicle.
237.26 	(d) A vehicle leased or rented under section 168.27,
237.27 	subdivision 4, for a period of 180 days or less is not subject
237.28 	to forfeiture under this subdivision.
237.29 	(e) For purposes of this subdivision, seizure occurs either:
237.30 	(1) at the date at which personal service of process upon
237.31 	the registered owner is made; or
237.32 	(2) at the date when the registered owner has been notified
237.33 	by certified mail at the address listed in the Minnesota
237.34 	Department of Public Safety computerized motor vehicle
237.35 	registration records.
237.36 	(f) The Department of Corrections' Fugitive Apprehension
238.1 	Unit shall not participate in paragraphs (a) to (e).
238.2 	
EFFECTIVE DATE. This section is effective July 1, 2005.

238.3 	Sec. 13. Minnesota Statutes 2004, section 609.5312,
238.4 	subdivision 4, is amended to read:
238.5 		Subd. 4.Vehicle forfeiture for fleeing a peace officer.
 238.6 	(a) A motor vehicle is subject to forfeiture under this
238.7 	subdivision if it was used to commit a violation of section
238.8 	609.487 and endanger life or property.  A motor vehicle is
238.9 	subject to forfeiture under this subdivision only if the offense
238.10 	is established by proof of a criminal conviction for the
238.11 	offense.  Except as otherwise provided in this subdivision, a
238.12 	forfeiture under this subdivision is governed by sections
238.13 	609.531, 609.5312, 609.5313, and 609.5315, subdivision 6.
238.14 	(b) When a motor vehicle subject to forfeiture under this
238.15 	subdivision is seized in advance of a judicial forfeiture order,
238.16 	a hearing before a judge or referee must be held within 96 hours
238.17 	of the seizure.  Notice of the hearing must be given to the
238.18 	registered owner within 48 hours of the seizure.  The
238.19 	prosecuting authority shall certify to the court, at or in
238.20 	advance of the hearing, that it has filed or intends to file
238.21 	charges against the alleged violator for violating section
238.22 	609.487.  After conducting the hearing, the court shall order
238.23 	that the motor vehicle be returned to the owner if:
238.24 	(1) the prosecutor has failed to make the certification
238.25 	required by this paragraph;
238.26 	(2) the owner of the motor vehicle has demonstrated to the
238.27 	court's satisfaction that the owner has a defense to the
238.28 	forfeiture, including but not limited to the defenses contained
238.29 	in subdivision 2; or
238.30 	(3) the court determines that seizure of the vehicle
238.31 	creates or would create an undue hardship for members of the
238.32 	owner's family.
238.33 	(c) If the defendant is acquitted or the charges against
238.34 	the defendant are dismissed, neither the owner nor the defendant
238.35 	is responsible for paying any costs associated with the seizure
238.36 	or storage of the vehicle.
239.1 	(d) A vehicle leased or rented under section 168.27,
239.2 	subdivision 4, for a period of 180 days or less is not subject
239.3 	to forfeiture under this subdivision.
239.4 	(e) A motor vehicle that is an off-road recreational
239.5 	vehicle as defined in section 169A.03, subdivision 16, or a
239.6 	motorboat as defined in section 169A.03, subdivision 13, is not
239.7 	subject to paragraph (b).
239.8 	(f) For purposes of this subdivision, seizure occurs either:
239.9 	(1) at the date at which personal service of process upon
239.10 	the registered owner is made; or
239.11 	(2) at the date when the registered owner has been notified
239.12 	by certified mail at the address listed in the Minnesota
239.13 	Department of Public Safety computerized motor vehicle
239.14 	registration records.
239.15 	(g) The Department of Corrections' Fugitive Apprehension
239.16 	Unit shall not seize a motor vehicle for the purposes of
239.17 	forfeiture under paragraphs (a) to (f).
239.18 	
EFFECTIVE DATE. This section is effective July 1, 2005.

239.19 	Sec. 14. Minnesota Statutes 2004, section 609.5314,
239.20 	subdivision 1, is amended to read:
239.21 		Subdivision 1.Property subject to administrative
239.22 	forfeiture; presumption.  (a) The following are presumed to be
239.23 	subject to administrative forfeiture under this section:
239.24 	(1) all money, precious metals, and precious stones found
239.25 	in proximity to:
239.26 	(i) controlled substances;
239.27 	(ii) forfeitable drug manufacturing or distributing
239.28 	equipment or devices; or
239.29 	(iii) forfeitable records of manufacture or distribution of
239.30 	controlled substances;
239.31 	(2) all conveyance devices containing controlled substances
239.32 	with a retail value of $100 or more if possession or sale of the
239.33 	controlled substance would be a felony under chapter 152; and
239.34 	(3) all firearms, ammunition, and firearm accessories found:
239.35 	(i) in a conveyance device used or intended for use to
239.36 	commit or facilitate the commission of a felony offense
240.1 	involving a controlled substance;
240.2 	(ii) on or in proximity to a person from whom a felony
240.3 	amount of controlled substance is seized; or
240.4 	(iii) on the premises where a controlled substance is
240.5 	seized and in proximity to the controlled substance, if
240.6 	possession or sale of the controlled substance would be a felony
240.7 	under chapter 152.
240.8 	(4) The Department of Corrections' Fugitive Apprehension
240.9 	Unit shall not seize items listed in clauses (2) and (3) for the
240.10 	purposes of forfeiture.
240.11 	(b) A claimant of the property bears the burden to rebut
240.12 	this presumption.
240.13 	
EFFECTIVE DATE. This section is effective July 1, 2005.

240.14 	Sec. 15. Minnesota Statutes 2004, section 609.5317,
240.15 	subdivision 1, is amended to read:
240.16 		Subdivision 1.Rental property.  (a) When contraband or a
240.17 	controlled substance manufactured, distributed, or acquired in
240.18 	violation of chapter 152 is seized on residential rental
240.19 	property incident to a lawful search or arrest, the county
240.20 	attorney shall give the notice required by this subdivision to
240.21 	(1) the landlord of the property or the fee owner identified in
240.22 	the records of the county assessor, and (2) the agent authorized
240.23 	by the owner to accept service pursuant to section 504B.181.
240.24 	The notice is not required during an ongoing investigation.  The
240.25 	notice shall state what has been seized and specify the
240.26 	applicable duties and penalties under this subdivision.  The
240.27 	notice shall state that the landlord who chooses to assign the
240.28 	right to bring an eviction action retains all rights and duties,
240.29 	including removal of a tenant's personal property following
240.30 	issuance of the writ of restitution and delivery of the writ to
240.31 	the sheriff for execution.  The notice shall also state that the
240.32 	landlord may contact the county attorney if threatened by the
240.33 	tenant.  Notice shall be sent by certified letter, return
240.34 	receipt requested, within 30 days of the seizure.  If receipt is
240.35 	not returned, notice shall be given in the manner provided by
240.36 	law for service of summons in a civil action.
241.1 	(b) Within 15 days after notice of the first occurrence,
241.2 	the landlord shall bring, or assign to the county attorney of
241.3 	the county in which the real property is located, the right to
241.4 	bring an eviction action against the tenant.  The assignment
241.5 	must be in writing on a form prepared by the county attorney.
241.6 	Should the landlord choose to assign the right to bring an
241.7 	eviction action, the assignment shall be limited to those rights
241.8 	and duties up to and including delivery of the writ of
241.9 	restitution to the sheriff for execution.
241.10 	(c) Upon notice of a second occurrence on any residential
241.11 	rental property owned by the same landlord in the same county
241.12 	and involving the same tenant, and within one year after notice
241.13 	of the first occurrence, the property is subject to forfeiture
241.14 	under sections 609.531, 609.5311, 609.5313, and 609.5315, unless
241.15 	an eviction action has been commenced as provided in paragraph
241.16 	(b) or the right to bring an eviction action was assigned to the
241.17 	county attorney as provided in paragraph (b).  If the right has
241.18 	been assigned and not previously exercised, or if the county
241.19 	attorney requests an assignment and the landlord makes an
241.20 	assignment, the county attorney may bring an eviction action
241.21 	rather than an action for forfeiture.
241.22 	(d) The Department of Corrections' Fugitive Apprehension
241.23 	Unit shall not seize real property for the purposes of
241.24 	forfeiture as described in paragraphs (a) to (c).
241.25 	
EFFECTIVE DATE. This section is effective July 1, 2005.

241.26 	Sec. 16. Minnesota Statutes 2004, section 609.5318,
241.27 	subdivision 1, is amended to read:
241.28 		Subdivision 1.Motor vehicles subject to forfeiture. (a) 
241.29 	A motor vehicle is subject to forfeiture under this section if
241.30 	the prosecutor establishes by clear and convincing evidence that
241.31 	the vehicle was used in a violation of section 609.66,
241.32 	subdivision 1e.  The prosecutor need not establish that any
241.33 	individual was convicted of the violation, but a conviction of
241.34 	the owner for a violation of section 609.66, subdivision 1e,
241.35 	creates a presumption that the vehicle was used in the violation.
241.36 	(b) The Department of Corrections' Fugitive Apprehension
242.1 	Unit shall not seize a motor vehicle for the purposes of
242.2 	forfeiture under paragraph (a).
242.3 	
EFFECTIVE DATE. This section is effective July 1, 2005.

242.4 	Sec. 17. Minnesota Statutes 2004, section 631.425,
242.5 	subdivision 4, is amended to read:
242.6 		Subd. 4.Confinement when not employed.  Unless the court
242.7 	otherwise directs, the sheriff or local correctional agency may
242.8 	electronically monitor or confine in jail each inmate must be
242.9 	confined in jail during the time the inmate is not employed, or,
242.10 	if the inmate is employed, between the times of employment. The
242.11 	sheriff may not electronically monitor an offender who is
242.12 	sentenced for an offense within the definition of domestic abuse
242.13 	under section 518B.01, subdivision 2, unless the court directs
242.14 	otherwise.  The sheriff may assess the cost of electronic
242.15 	monitoring on the offender.
242.16 	
EFFECTIVE DATE. This section is effective July 1, 2005.

242.17 	Sec. 18. Minnesota Statutes 2004, section 641.21, is
242.18 	amended to read:
242.19 	641.21 JAIL, ADVICE AS TO CONSTRUCTION.
242.20 	When any county board determines to purchase, lease or
242.21 	erect a new jail, or to repair an existing one at an expense of
242.22 	more than $5,000 $15,000, it shall pass a resolution to that
242.23 	effect, and transmit a copy thereof to the commissioner of
242.24 	corrections, who, within 30 days thereafter, shall transmit to
242.25 	that county board the advice and suggestions in reference to the
242.26 	purchase, lease or construction thereof as the commissioner
242.27 	deems proper.

242.28 	EFFECTIVE DATE. This section is effective July 1, 2005.

242.29 	Sec. 19. MCF-FARIBAULT DEDICATION OF SPACE.
 242.30 	While planning, designing, and constructing new facilities
242.31 	on the campus of the Minnesota Correctional Facility in
242.32 	Faribault, the commissioner of corrections shall designate a
242.33 	space on the campus sufficient in size to build one additional
242.34 	prison building.  This space must be preserved and designated
242.35 	for the benefit of Rice County for the future construction of a
242.36 	county correctional facility.

243.1 	EFFECTIVE DATE. This section is effective the day
243.2 	following final enactment and expires on July 1, 2015.

243.3 	Sec. 20. REPEALER.
 243.4 	Minnesota Statutes 2004, section 243.162, is repealed.

243.5 	EFFECTIVE DATE. This section is effective July 1, 2005.

243.6 	ARTICLE 14
243.7 	COURTS AND PUBLIC DEFENDER

243.8 	Section 1. Minnesota Statutes 2004, section 2.722,
243.9 	subdivision 1, is amended to read:
243.10 		Subdivision 1.Description.  Effective July 1, 1959, the
243.11 	state is divided into ten judicial districts composed of the
243.12 	following named counties, respectively, in each of which
243.13 	districts judges shall be chosen as hereinafter specified:
243.14 	1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and
243.15 	Sibley; 33 judges; and four permanent chambers shall be
243.16 	maintained in Red Wing, Hastings, Shakopee, and Glencoe and one
243.17 	other shall be maintained at the place designated by the chief
243.18 	judge of the district;
243.19 	2.  Ramsey; 26 judges;
243.20 	3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele,
243.21 	Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent
243.22 	chambers shall be maintained in Faribault, Albert Lea, Austin,
243.23 	Rochester, and Winona;
243.24 	4.  Hennepin; 60 judges;
243.25 	5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet,
243.26 	Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault,
243.27 	Martin, and Jackson; 16 judges; and permanent chambers shall be
243.28 	maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
243.29 	6.  Carlton, St. Louis, Lake, and Cook; 15 judges;
243.30 	7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail,
243.31 	Stearns, Todd, Clay, Becker, and Wadena; 25 27 judges; and
243.32 	permanent chambers shall be maintained in Moorhead, Fergus
243.33 	Falls, Little Falls, and St. Cloud;
243.34 	8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville,
243.35 	Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens,
243.36 	Traverse, and Wilkin; 11 judges; and permanent chambers shall be
244.1 	maintained in Morris, Montevideo, and Willmar;
244.2 	9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau,
244.3 	Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard,
244.4 	Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching;
244.5 	22 judges; and permanent chambers shall be maintained in
244.6 	Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids,
244.7 	and International Falls; and
244.8 	10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine,
244.9 	Chisago, and Washington; 41 43 judges; and permanent chambers
244.10 	shall be maintained in Anoka, Stillwater, and other places
244.11 	designated by the chief judge of the district.
244.12 	
EFFECTIVE DATE. This section is effective July 1, 2005.

244.13 	Sec. 2. Minnesota Statutes 2004, section 253B.08,
244.14 	subdivision 1, is amended to read:
244.15 		Subdivision 1.Time for commitment hearing.  The hearing
244.16 	on the commitment petition shall be held within 14 days from the
244.17 	date of the filing of the petition, except that the hearing on a
244.18 	commitment petition pursuant to section 253B.185 shall be held
244.19 	within 90 days from the date of the filing of the petition.  For
244.20 	good cause shown, the court may extend the time of hearing up to
244.21 	an additional 30 days.  The proceeding shall be dismissed if the
244.22 	proposed patient has not had a hearing on a commitment petition
244.23 	within the allowed time.  The proposed patient, or the head of
244.24 	the treatment facility in which the person is held, may demand
244.25 	in writing at any time that the hearing be held immediately.
244.26 	Unless the hearing is held within five days of the date of the
244.27 	demand, exclusive of Saturdays, Sundays and legal holidays, the
244.28 	petition shall be automatically discharged if the patient is
244.29 	being held in a treatment facility pursuant to court order.  For
244.30 	good cause shown, the court may extend the time of hearing on
244.31 	the demand for an additional ten days.
244.32 	
EFFECTIVE DATE. This section is effective July 1, 2005.

244.33 	Sec. 3. Minnesota Statutes 2004, section 357.021,
244.34 	subdivision 2, is amended to read:
244.35 		Subd. 2.Fee amounts.  The fees to be charged and
244.36 	collected by the court administrator shall be as follows:
245.1 	(1) In every civil action or proceeding in said court,
245.2 	including any case arising under the tax laws of the state that
245.3 	could be transferred or appealed to the Tax Court, the
245.4 	plaintiff, petitioner, or other moving party shall pay, when the
245.5 	first paper is filed for that party in said action, a fee of
245.6 	$235 $240.
245.7 	The defendant or other adverse or intervening party, or any
245.8 	one or more of several defendants or other adverse or
245.9 	intervening parties appearing separately from the others, shall
245.10 	pay, when the first paper is filed for that party in said
245.11 	action, a fee of $235 $240.
245.12 	The party requesting a trial by jury shall pay $75.
245.13 	The fees above stated shall be the full trial fee
245.14 	chargeable to said parties irrespective of whether trial be to
245.15 	the court alone, to the court and jury, or disposed of without
245.16 	trial, and shall include the entry of judgment in the action,
245.17 	but does not include copies or certified copies of any papers so
245.18 	filed or proceedings under chapter 103E, except the provisions
245.19 	therein as to appeals.
245.20 	(2) Certified copy of any instrument from a civil or
245.21 	criminal proceeding, $10, and $5 for an uncertified copy.
245.22 	(3) Issuing a subpoena, $12 for each name.
245.23 	(4) Filing a motion or response to a motion in civil,
245.24 	family, excluding child support, and guardianship cases, $55.
245.25 	(5) Issuing an execution and filing the return thereof;
245.26 	issuing a writ of attachment, injunction, habeas corpus,
245.27 	mandamus, quo warranto, certiorari, or other writs not
245.28 	specifically mentioned, $40.
245.29 	(6) Issuing a transcript of judgment, or for filing and
245.30 	docketing a transcript of judgment from another court, $30.
245.31 	(7) Filing and entering a satisfaction of judgment, partial
245.32 	satisfaction, or assignment of judgment, $5.
245.33 	(8) Certificate as to existence or nonexistence of
245.34 	judgments docketed, $5 for each name certified to.
245.35 	(9) Filing and indexing trade name; or recording basic
245.36 	science certificate; or recording certificate of physicians,
246.1 	osteopaths, chiropractors, veterinarians, or optometrists, $5.
246.2 	(10) For the filing of each partial, final, or annual
246.3 	account in all trusteeships, $40.
246.4 	(11) For the deposit of a will, $20.
246.5 	(12) For recording notary commission, $100, of which,
246.6 	notwithstanding subdivision 1a, paragraph (b), $80 must be
246.7 	forwarded to the commissioner of finance to be deposited in the
246.8 	state treasury and credited to the general fund.
246.9 	(13) Filing a motion or response to a motion for
246.10 	modification of child support, a fee fixed by rule or order of
246.11 	the Supreme Court.
246.12 	(14) All other services required by law for which no fee is
246.13 	provided, such fee as compares favorably with those herein
246.14 	provided, or such as may be fixed by rule or order of the court.
246.15 	(15) In addition to any other filing fees under this
246.16 	chapter, a surcharge in the amount of $75 must be assessed in
246.17 	accordance with section 259.52, subdivision 14, for each
246.18 	adoption petition filed in district court to fund the fathers'
246.19 	adoption registry under section 259.52.
246.20 	The fees in clauses (3) and (5) need not be paid by a
246.21 	public authority or the party the public authority represents.
246.22 	
EFFECTIVE DATE. This section is effective July 1, 2005.

246.23 	Sec. 4. Minnesota Statutes 2004, section 357.021,
246.24 	subdivision 6, is amended to read:
246.25 		Subd. 6.Surcharges on criminal and traffic offenders.
 246.26 	(a) Except as provided in this paragraph,the court shall impose
246.27 	and the court administrator shall collect a $60 $72 surcharge on
246.28 	every person convicted of any felony, gross misdemeanor,
246.29 	misdemeanor, or petty misdemeanor offense, other than a
246.30 	violation of a law or ordinance relating to vehicle parking, for
246.31 	which there shall be a $3 $4 surcharge.  In the Second Judicial
246.32 	District, the court shall impose, and the court administrator
246.33 	shall collect, an additional $1 surcharge on every person
246.34 	convicted of any felony, gross misdemeanor, misdemeanor,or
246.35 	petty misdemeanor offense, other than including a violation of a
246.36 	law or ordinance relating to vehicle parking, if the Ramsey
247.1 	County Board of Commissioners authorizes the $1 surcharge.  The
247.2 	surcharge shall be imposed whether or not the person is
247.3 	sentenced to imprisonment or the sentence is stayed. The
247.4 	surcharge shall not be imposed when a person is convicted of a
247.5 	petty misdemeanor for which no fine is imposed.
247.6 	(b) If the court fails to impose a surcharge as required by
247.7 	this subdivision, the court administrator shall show the
247.8 	imposition of the surcharge, collect the surcharge and correct
247.9 	the record.
247.10 	(c) The court may not waive payment of the surcharge
247.11 	required under this subdivision.  Upon a showing of indigency or
247.12 	undue hardship upon the convicted person or the convicted
247.13 	person's immediate family, the sentencing court may authorize
247.14 	payment of the surcharge in installments.
247.15 	(d) The court administrator or other entity collecting a
247.16 	surcharge shall forward it to the commissioner of finance.
247.17 	(e) If the convicted person is sentenced to imprisonment
247.18 	and has not paid the surcharge before the term of imprisonment
247.19 	begins, the chief executive officer of the correctional facility
247.20 	in which the convicted person is incarcerated shall collect the
247.21 	surcharge from any earnings the inmate accrues from work
247.22 	performed in the facility or while on conditional release.  The
247.23 	chief executive officer shall forward the amount collected to
247.24 	the commissioner of finance.
247.25 	
EFFECTIVE DATE. This section is effective July 1, 2005.

247.26 	Sec. 5. Minnesota Statutes 2004, section 357.021,
247.27 	subdivision 7, is amended to read:
247.28 		Subd. 7.Disbursement of surcharges by commissioner of
247.29 	finance.  (a) Except as provided in paragraphs (b), (c), and
247.30 	(d), the commissioner of finance shall disburse surcharges
247.31 	received under subdivision 6 and section 97A.065, subdivision 2,
247.32 	as follows:
247.33 	(1) one percent shall be credited to the game and fish fund
247.34 	to provide peace officer training for employees of the
247.35 	Department of Natural Resources who are licensed under sections
247.36 	626.84 to 626.863, and who possess peace officer authority for
248.1 	the purpose of enforcing game and fish laws;
248.2 	(2) 39 percent shall be credited to the peace officers
248.3 	training account in the special revenue fund; and
248.4 	(3) 60 percent shall be credited to the general fund.
248.5 	(b) The commissioner of finance shall credit $3 of each
248.6 	surcharge received under subdivision 6 and section 97A.065,
248.7 	subdivision 2, to the general fund.
248.8 	(c) In addition to any amounts credited under paragraph
248.9 	(a), the commissioner of finance shall credit $32 $44 of each
248.10 	surcharge received under subdivision 6 and section 97A.065,
248.11 	subdivision 2, and the $3 $4 parking surcharge, to the general
248.12 	fund.
248.13 	(d) If the Ramsey County Board of Commissioners authorizes
248.14 	imposition of the additional $1 surcharge provided for in
248.15 	subdivision 6, paragraph (a), the court administrator in the
248.16 	Second Judicial District shall withhold $1 from each surcharge
248.17 	collected under subdivision 6.  The court administrator must use
248.18 	the withheld funds solely to fund the petty misdemeanor
248.19 	diversion program administered by the Ramsey County Violations
248.20 	Bureau.  The court administrator must transfer any unencumbered
248.21 	portion of the funds received under this subdivision to the
248.22 	commissioner of finance for distribution according to paragraphs
248.23 	(a) to (c) transmit the surcharge to the commissioner of finance.
248.24 	The $1 special surcharge is deposited in a Ramsey County
248.25 	surcharge account in the special revenue fund and amounts in the
248.26 	account are appropriated to the trial courts for the
248.27 	administration of the petty misdemeanor diversion program
248.28 	operated by the Second Judicial District Ramsey County
248.29 	Violations Bureau.
248.30 	
EFFECTIVE DATE. The changes to paragraph (c) are
248.31 	effective July 1, 2005.  The changes to paragraph (d) are
248.32 	effective either the day after the governing body of Ramsey
248.33 	County authorizes imposition of the surcharge, or July 1, 2005,
248.34 	whichever is the later date, and applies to convictions on or
248.35 	after that date.

248.36 	Sec. 6. Minnesota Statutes 2004, section 357.18, is
249.1 	amended to read:
249.2 	357.18 COUNTY RECORDER.
249.3 		Subdivision 1.County recorder fees. The fees to be
249.4 	charged by the county recorder shall be as follows and not
249.5 	exceed the following:
249.6 	(1) for indexing and recording any deed or other instrument
249.7 	$1 for each page of an instrument, with a minimum fee of $15 a
249.8 	fee of $46; $10.50 shall be paid to the state treasury and
249.9 	credited to the general fund; $10 shall be deposited in the
249.10 	technology fund pursuant to subdivision 3; and $25.50 to the
249.11 	county general fund;
249.12 	(2) for documents containing multiple assignments, partial
249.13 	releases or satisfactions $10 for each document number or book
249.14 	and page cited a fee of $40; if the document cites more than
249.15 	four recorded instruments, an additional fee of $10 for each
249.16 	additional instrument cited over the first four citations;
249.17 	(3) for certified copies of any records or papers, $1 for
249.18 	each page of an instrument with a minimum fee of $5 $10;
249.19 	(4) for a noncertified copy of any instrument or writing on
249.20 	file or recorded in the office of the county recorder, or any
249.21 	specified page or part of it, an amount as determined by the
249.22 	county board for each page or fraction of a page specified.  If
249.23 	computer or microfilm printers are used to reproduce the
249.24 	instrument or writing, a like amount per image;
249.25 	(5) for an abstract of title, the fees shall be determined
249.26 	by resolution of the county board duly adopted upon the
249.27 	recommendation of the county recorder, and the fees shall not
249.28 	exceed $5 $10 for every entry, $50 $100 for abstract
249.29 	certificate, $1 per page for each exhibit included within an
249.30 	abstract as a part of an abstract entry, and $2 $5 per name for
249.31 	each required name search certification;
249.32 	(5) (6) for a copy of an official plat filed pursuant to
249.33 	section 505.08, the fee shall be $9.50 $10 and an additional 50
249.34 	cents $5 shall be charged for the certification of each plat;
249.35 	(6) (7) for filing an amended floor plan in accordance with
249.36 	chapter 515, an amended condominium plat in accordance with
250.1 	chapter 515A, or a common interest community plat or amendment
250.2 	complying with section 515B.2-110, subsection (c), the fee shall
250.3 	be 50 cents per apartment or unit with a minimum fee of $30 $50;
250.4 	(7) (8) for a copy of a floor plan filed pursuant to
250.5 	chapter 515, a copy of a condominium plat filed in accordance
250.6 	with chapter 515A, or a copy of a common interest community plat
250.7 	complying with section 515B.2-110, subsection (c), the fee shall
250.8 	be $1 for each page of the floor plan, condominium plat or
250.9 	common interest community plat with a minimum fee of $10;
250.10 	(9) for recording any plat, a fee of $56, of which $10.50
250.11 	must be paid to the state treasury and credited to the general
250.12 	fund, $10 must be deposited in the technology fund pursuant to
250.13 	subdivision 3, and $35.50 must be deposited in the county
250.14 	general fund; and 
250.15 	(10) for a noncertified copy of any document submitted for
250.16 	recording, if the original document is accompanied by a copy or
250.17 	duplicate original, $2.  Upon receipt of the copy or duplicate
250.18 	original and payment of the fee, a county recorder shall return
250.19 	it marked "copy" or "duplicate," showing the recording date and,
250.20 	if available, the document number assigned to the original.
250.21 		Subd. 1a.Abstracting service fees. Fees fixed by or
250.22 	established pursuant to subdivision 1 shall be the maximum fee
250.23 	charged in all counties where the county recorder performs
250.24 	abstracting services and shall be charged by persons authorized
250.25 	to perform abstracting services in county buildings pursuant to
250.26 	section 386.18.
250.27 		Subd. 2.Fees for recording instruments in county
250.28 	recorder office. Notwithstanding the provisions of any general
250.29 	or special law to the contrary, the fees prescribed by this
250.30 	section shall govern the filing or recording of all instruments
250.31 	in the office of the county recorder established fees pursuant
250.32 	to subdivision 1 shall be the fee charged in all counties for
250.33 	the specified service,other than Uniform Commercial Code
250.34 	documents, and documents filed or recorded pursuant to sections
250.35 	270.69, subdivision 2, paragraph (c), 272.481 to 272.488,
250.36 	277.20, and 386.77.
251.1 		Subd. 3.Surcharge. In addition to the fees imposed in
251.2 	subdivision 1, a $4.50 surcharge shall be collected:  on each
251.3 	fee charged under subdivision 1, clauses (1) and (6), and for
251.4 	each abstract certificate under subdivision 1, clause (4).
251.5 	Fifty cents of each surcharge shall be retained by the county to
251.6 	cover its administrative costs and $4 shall be paid to the state
251.7 	treasury and credited to the general fund.
251.8 		Subd. 4.equipment technology fund. $1 of each The $10 
251.9 	fee collected under subdivision 1, clause (1), shall be
251.10 	deposited in an equipment a technology fund to for obtaining,
251.11 	maintaining, and updating current technology and equipment to
251.12 	provide services from the record system.  The fund shall be
251.13 	disbursed at the county recorder's discretion to provide modern
251.14 	information services from the records system. The fund is a
251.15 	supplemental fund and shall not be construed to diminish the
251.16 	duty of the county governing body to furnish funding for
251.17 	expenses and personnel necessary in the performance of the
251.18 	duties of the office pursuant to section 386.015, subdivision 6,
251.19 	paragraph (a), clause (2), and to comply with the requirements
251.20 	of section 357.182.
251.21 		Subd. 5.Variance from standards. A document that does
251.22 	not should conform to the standards in section 507.093,
251.23 	paragraph (a), shall not be recorded except upon payment of an
251.24 	additional fee of $10 per document but should not be rejected
251.25 	unless the document is not legible or cannot be archived.  This
251.26 	subdivision applies only to documents dated after July 31, 1997,
251.27 	and does not apply to Minnesota uniform conveyancing
251.28 	blanks contained in the book of forms on file in the office of
251.29 	the commissioner of commerce provided for under section 507.09,
251.30 	certified copies, or any other form provided for under Minnesota
251.31 	Statutes.
251.32 	Subd. 6.[REGISTRAR OF TITLES' FEES.] The fees to be
251.33 	charged by the registrar of titles are in sections 508.82 and
251.34 	508A.82.
251.35 	
EFFECTIVE DATE. This section is effective July 1, 2005.

251.36 	Sec. 7. [357.182] COUNTY FEES AND RECORDING STANDARDS FOR
252.1 	THE RECORDING OF REAL ESTATE DOCUMENTS.
252.2 		Subdivision 1.Application. Unless otherwise specified
252.3 	in this section and notwithstanding any other law to the
252.4 	contrary, effective August 1, 2005, this section applies to each
252.5 	county in Minnesota.  Documents presented for recording within
252.6 	60 days after the effective date of this section and that are
252.7 	acknowledged, sworn to before a notary, or certified before the
252.8 	effective date of this section must not be rejected for failure
252.9 	to include the new filing fee.
252.10 		Subd. 2.Fee restrictions. Notwithstanding any local law
252.11 	or ordinance to the contrary, no county may charge or collect
252.12 	any fee, special or otherwise, or however described, other than
252.13 	a fee denominated or prescribed by state law, for any service,
252.14 	task, or step performed by any county officer or employee in
252.15 	connection with the receipt, recording, and return of any
252.16 	recordable instrument by the county recorder or registrar of
252.17 	titles, whether received by mail, in person, or by electronic
252.18 	delivery, including, but not limited to, opening mail; handling,
252.19 	transferring, or transporting the instrument; certifying no
252.20 	delinquent property taxes; payment of state deed tax, mortgage
252.21 	registry tax, or conservation fee; recording of approved plats,
252.22 	subdivision splits, or combinations; or any other prerequisites
252.23 	to recording, and returning the instrument by regular mail or in
252.24 	person to the person identified in the instrument for that
252.25 	purpose.
252.26 		Subd. 3.Recording requirements. Each county recorder
252.27 	and registrar of titles shall, within 15 business days after any
252.28 	instrument in recordable form accompanied by payment of
252.29 	applicable fees by customary means is delivered to the county
252.30 	for recording or is otherwise received by the county recorder or
252.31 	registrar of titles for that purpose, record and index the
252.32 	instrument in the manner provided by law and return it by
252.33 	regular mail or in person to the person identified in the
252.34 	instrument for that purpose, if the instrument does not require
252.35 	certification of no-delinquent taxes, payment of state deed tax,
252.36 	mortgage registry tax, or conservation fee.  Each county must
253.1 	establish a policy for the timely handling of instruments that
253.2 	require certification of no-delinquent taxes, payment of state
253.3 	deed tax, mortgage registry tax, or conservation fee and that
253.4 	policy may allow up to an additional five business days at the
253.5 	request of the office or offices responsible to complete the
253.6 	payment and certification process.
253.7 	For calendar years 2009 and 2010, the maximum time allowed
253.8 	for completion of the recording process for documents presented
253.9 	in recordable form will be 15 business days.
253.10 	For calendar year 2011 and thereafter, the maximum time
253.11 	allowed for completion of the recording process for documents
253.12 	presented in recordable form will be ten business days.
253.13 	Instruments recorded electronically must be returned no
253.14 	later than five business days after receipt by the county in a
253.15 	recordable format.
253.16 		Subd. 4.Compliance with recording requirements. For
253.17 	calendar year 2007, a county is in compliance with the recording
253.18 	requirements prescribed by subdivision 3 if at least 60 percent
253.19 	of all recordable instruments described in subdivision 3 and
253.20 	received by the county in that year are recorded and returned
253.21 	within the time limits prescribed in subdivision 3.  In calendar
253.22 	year 2008, at least 70 percent of all recordable instruments
253.23 	must be recorded and returned in compliance with the recording
253.24 	requirements; for calendar year 2009, at least 80 percent of all
253.25 	recordable instruments must be recorded and returned in
253.26 	compliance with the recording requirements; and for calendar
253.27 	year 2010 and later years, at least 90 percent of all recordable
253.28 	instruments must be recorded and returned in compliance with the
253.29 	recording requirements.
253.30 		Subd. 5.Temporary suspension of compliance with
253.31 	recording requirements. Compliance with the requirements of
253.32 	subdivision 4 may be suspended for up to six months when a
253.33 	county undertakes material enhancements to its systems for
253.34 	receipt, handling, paying of deed and mortgage tax and
253.35 	conservation fees, recording, indexing, certification, and
253.36 	return of instruments.  The six-month suspension may be extended
254.1 	for up to an additional six months if a county board finds by
254.2 	resolution that the additional time is necessary because of the
254.3 	difficulties of implementing the enhancement.
254.4 		Subd. 6.Certification of compliance with recording
254.5 	requirements. Effective beginning in 2007 for the 2008 county
254.6 	budget and in each year thereafter, the county recorder and
254.7 	registrar of titles for each county shall file with the county
254.8 	commissioners, as part of their budget request, a report that
254.9 	establishes the status for the previous year of their compliance
254.10 	with the requirements established in subdivision 3.  If the
254.11 	office has not achieved compliance with the recording
254.12 	requirements, the report must include an explanation of the
254.13 	failure to comply, recommendations by the recorder or registrar
254.14 	to cure the noncompliance and to prevent a reoccurrence, and a
254.15 	proposal identifying actions, deadlines, and funding necessary
254.16 	to bring the county into compliance.
254.17 		Subd. 7.Restriction on use of recording
254.18 	fees. Notwithstanding any law to the contrary, for county
254.19 	budgets adopted after January 1, 2006, each county shall
254.20 	segregate the additional unallocated fee authorized by sections
254.21 	357.18, 508.82, and 508A.82 from the application of the
254.22 	provisions of chapters 386, 507, 508, and 508A, in an
254.23 	appropriate account.  This money is available as authorized by
254.24 	the Board of County Commissioners for supporting enhancements to
254.25 	the recording process, including electronic recording, to fund
254.26 	compliance efforts specified in subdivision 5 and for use in
254.27 	undertaking data integration and aggregation projects.  Money
254.28 	remains in the account until expended for any of the authorized
254.29 	purposes set forth in this subdivision.  This money must not be
254.30 	used to supplant the normal operating expenses for the office of
254.31 	county recorder or registrar of titles.
254.32 	
EFFECTIVE DATE. This section is effective July 1, 2005.

254.33 	Sec. 8. Minnesota Statutes 2004, section 505.08,
254.34 	subdivision 2, is amended to read:
254.35 		Subd. 2.Public certified copies.  The copies of the
254.36 	official plat or of the exact reproducible copy shall be
255.1 	compared and certified to by the county recorder in the manner
255.2 	in which certified copies of records are issued in the
255.3 	recorder's office, and the copy thereof shall be bound in a
255.4 	proper volume for the use of the general public and anyone shall
255.5 	have access to and may inspect such certified copy at their
255.6 	pleasure.  When the plat includes both registered and
255.7 	nonregistered land two copies thereof shall be so certified and
255.8 	bound, one for such general public use in each of the offices of
255.9 	the county recorder and registrar of titles; provided, however,
255.10 	that only one such copy so certified and bound shall be provided
255.11 	for general public use in those counties wherein the office
255.12 	quarters of the county recorder and registrar of titles are one
255.13 	and the same.  When the copy, or any part thereof, shall become
255.14 	unintelligible from use or wear or otherwise, at the request of
255.15 	the county recorder it shall be the duty of the county surveyor
255.16 	to make a reproduction copy of the official plat, or the exact
255.17 	transparent reproducible copy under the direct supervision of
255.18 	the county recorder, who shall compare the copy, certify that it
255.19 	is a correct copy thereof, by proper certificate as above set
255.20 	forth, and it shall be bound in the volume, and under the page,
255.21 	and in the place of the discarded copy.  In counties not having
255.22 	a county surveyor the county recorder shall employ a licensed
255.23 	land surveyor to make such reproduction copy, at the expense of
255.24 	the county.  The county recorder shall receive as a fee for
255.25 	filing these plats, as aforesaid described, 50 cents per lot,
255.26 	but shall receive not less than $30 for any plat filed in the
255.27 	recorder's office pursuant to section 357.18, subdivision 1.
255.28 	Reproductions from the exact transparent reproducible copy shall
255.29 	be available to any person upon request and the cost of such
255.30 	reproductions shall be paid by the person making such request.
255.31 	If a copy of the official plat is requested the county recorder
255.32 	shall prepare it and duly certify that it is a copy of the
255.33 	official plat and the cost of such copy shall be paid by the
255.34 	person making such request.
255.35 	
EFFECTIVE DATE. This section is effective July 1, 2005.

255.36 	Sec. 9. Minnesota Statutes 2004, section 508.82, is
256.1 	amended to read:
256.2 	508.82  REGISTRAR'S REGISTRAR OF TITLES' FEES.
256.3 		Subdivision 1.Standard documents. The fees to be paid
256.4 	to charged by the registrar of titles shall be as follows and
256.5 	not exceed the following:
256.6 	(1) of the fees provided herein, five percent $1.50 of the
256.7 	fees collected under clauses (3), (5), (11), (13),(4), (10),
256.8 	(12),(14), (16), and (17),for filing or memorializing shall be
256.9 	paid to the commissioner of finance state treasury pursuant to
256.10 	section 508.75and credited to the general fund; plus a $4.50
256.11 	surcharge shall be charged and collected in addition to the
256.12 	total fees charged for each transaction under clauses (2), (3),
256.13 	(5), (11), (13), (14), (16), and (17), with 50 cents of this
256.14 	surcharge to be retained by the county to cover its
256.15 	administrative costs, and $4 to be paid to the state treasury
256.16 	and credited to the general fund;
256.17 	(2) for registering a first certificate of title, including
256.18 	issuing a copy of it, $30 $46.  Pursuant to clause (1),
256.19 	distribution of this fee is as follows:
256.20 	(i) $10.50 shall be paid to the state treasury and credited
256.21 	to the general fund;
256.22 	(ii) $10 shall be deposited in the technology fund pursuant
256.23 	to section 357.18, subdivision 3; and 
256.24 	(iii) $25.50 shall be deposited in the county general fund;
256.25 	(3) for registering each instrument transferring the fee
256.26 	simple title for which a new certificate of title is issued and
256.27 	for the registration of the new certificate of title, including
256.28 	a copy of it, $30 $46.  Pursuant to clause (1), distribution of
256.29 	this fee is as follows:
256.30 	(i) $12 shall be paid to the state treasury and credited to
256.31 	the general fund;
256.32 	(ii) $10 shall be deposited in the technology fund pursuant
256.33 	to section 357.18, subdivision 3; and 
256.34 	(iii) $24 shall be deposited in the county general fund;
256.35 	(4) for issuance of a CECT pursuant to section 508.351,
256.36 	$15;
257.1 	(5) for the entry of each memorial on a
257.2 	certificate, $15 $46.  For multiple certificate entries, $20
257.3 	thereafter.  Pursuant to clause (1), distribution of this fee is
257.4 	as follows:
257.5 	(i) $12 shall be paid to the state treasury and credited to
257.6 	the general fund;
257.7 	(ii) $10 shall be deposited in the technology fund pursuant
257.8 	to section 357.18, subdivision 3;
257.9 	(iii) $24 shall be deposited in the county general fund;
257.10 	and 
257.11 	(iv) $20 shall be deposited in the county general fund for
257.12 	each multiple entry used;
257.13 	(6) (5) for issuing each residue certificate, $20 $40;
257.14 	(7) (6) for exchange certificates, $10 $20 for each
257.15 	certificate canceled and $10 $20 for each new certificate
257.16 	issued;
257.17 	(8) (7) for each certificate showing condition of the
257.18 	register, $10 $50;
257.19 	(9) (8) for any certified copy of any instrument or writing
257.20 	on file or recorded in the registrar's registrar of titles' 
257.21 	office, the same fees allowed by law to county recorders for
257.22 	like services $10;
257.23 	(10) (9) for a noncertified copy of any certificate of
257.24 	title, other than the copies issued under clauses (2) and (3),
257.25 	any instrument or writing on file or recorded in the office of
257.26 	the registrar of titles, or any specified page or part of it, an
257.27 	amount as determined by the county board for each page or
257.28 	fraction of a page specified.  If computer or microfilm printers
257.29 	are used to reproduce the instrument or writing, a like amount
257.30 	per image;
257.31 	(10) for a noncertified copy of any document submitted for
257.32 	recording, if the original document is accompanied by a copy or
257.33 	duplicate original, $2.  Upon receipt of the copy or duplicate
257.34 	original and payment of the fee, a registrar of titles shall
257.35 	return it marked "copy" or "duplicate," showing the recording
257.36 	date and, if available, the document number assigned to the
258.1 	original;
258.2 	(11) for filing two copies of any plat in the office of the
258.3 	registrar, $30 $56.  Pursuant to clause (1), distribution of
258.4 	this fee is as follows:
258.5 	(i) $12 shall be paid to the state treasury and credited to
258.6 	the general fund;
258.7 	(ii) $10 shall be deposited in the technology fund pursuant
258.8 	to section 357.18, subdivision 3; and 
258.9 	(iii) $34 shall be deposited in the county general fund;
258.10 	(12)  for any other service under this chapter, such fee as
258.11 	the court shall determine;
258.12 	(13)  for filing an amendment to a declaration in
258.13 	accordance with chapter 515, $10 $46 for each certificate upon
258.14 	which the document is registered and $30 for multiple
258.15 	certificate entries, $20 thereafter; $56 for an amended floor
258.16 	plan filed in accordance with chapter 515;.  Pursuant to clause
258.17 	(1), distribution of this fee is as follows:
258.18 	(i) $12 shall be paid to the state treasury and credited to
258.19 	the general fund;
258.20 	(ii) $10 shall be deposited in the technology fund pursuant
258.21 	to section 357.18, subdivision 3;
258.22 	(iii) $24 shall be deposited in the county general fund for
258.23 	amendment to a declaration;
258.24 	(iv) $20 shall be deposited in the county general fund for
258.25 	each multiple entry used; and 
258.26 	(v) $34 shall be deposited in the county general fund for
258.27 	an amended floor plan;
258.28 	(14) for issuance of a CECT pursuant to section 508.351,
258.29 	$40;
258.30 	(14) (15) for filing an amendment to a common interest
258.31 	community declaration and plat or amendment complying with
258.32 	section 515B.2-110, subsection (c), $10 $46 for each certificate
258.33 	upon which the document is registered and $30 for multiple
258.34 	certificate entries, $20 thereafter and $56 for the filing of
258.35 	the condominium or common interest community plat or amendment.
258.36 	Pursuant to clause (1), distribution of this fee is as follows:
259.1 	(i) $12 shall be paid to the state treasury and credited to
259.2 	the general fund;
259.3 	(ii) $10 shall be deposited in the technology fund pursuant
259.4 	to section 357.18, subdivision 3;
259.5 	(iii) $24 shall be deposited in the county general fund for
259.6 	the filing of an amendment complying with section 515B.2-110,
259.7 	subsection (c);
259.8 	(iv) $20 shall be deposited in the county general fund for
259.9 	each multiple entry used; and 
259.10 	(v) $34 shall be deposited in the county general fund for
259.11 	the filing of a condominium or CIC plat or amendment;
259.12 	(15) (16) for a copy of a condominium floor plan filed in
259.13 	accordance with chapter 515, or a copy of a common interest
259.14 	community plat complying with section 515B.2-110, subsection
259.15 	(c), the fee shall be $1 for each page of the floor plan or
259.16 	common interest community plat with a minimum fee of $10;
259.17 	(16) (17) for the filing of a certified copy of a plat of
259.18 	the survey pursuant to section 508.23 or 508.671, $10 $46.
259.19 	Pursuant to clause (1), distribution of this fee is as follows:
259.20 	(i) $12 shall be paid to the state treasury and credited to
259.21 	the general fund;
259.22 	(ii) $10 shall be deposited in the technology fund pursuant
259.23 	to section 357.18, subdivision 3; and 
259.24 	(iii) $24 shall be deposited in the county general fund;
259.25 	(17) (18) for filing a registered land survey in triplicate
259.26 	in accordance with section 508.47, subdivision 4, $30 $56.
259.27 	Pursuant to clause (1), distribution of this fee is as follows:
259.28 	(i) $12 shall be paid to the state treasury and credited to
259.29 	the general fund;
259.30 	(ii) $10 shall be deposited in the technology fund pursuant
259.31 	to section 357.18, subdivision 3; and 
259.32 	(iii) $34 shall be deposited in the county general fund;
259.33 	and
259.34 	(18) (19) for furnishing a certified copy of a registered
259.35 	land survey in accordance with section 508.47, subdivision
259.36 	4, $10 $15.
260.1 	Subd. 1a.[FEES FOR RECORDING INSTRUMENTS WITH REGISTRAR
260.2 	OF TITLES' OFFICE.] Notwithstanding the provisions of any
260.3 	general or special law to the contrary, and pursuant to section
260.4 	357.182, the established fees pursuant to subdivision 1 shall be
260.5 	the fee charged in all counties for the specified service, other
260.6 	than Uniform Commercial Code documents and documents filed or
260.7 	recorded pursuant to sections 270.69, subdivision 2, paragraph
260.8 	(c); 272.481 to 272.488; 277.20; and 386.77.
260.9 		Subd. 2.Variance from standards. A document that does
260.10 	not should conform to the standards in section 507.093,
260.11 	paragraph (a), shall not be filed except upon payment of an
260.12 	additional fee of $10 per document but should not be rejected
260.13 	unless the document is not legible or cannot be archived.  This
260.14 	subdivision applies only to documents dated after July 31, 1997,
260.15 	and does not apply to Minnesota uniform conveyancing
260.16 	blanks contained in the book of forms on file in the office of
260.17 	the commissioner of commerce provided for under section 507.09,
260.18 	certified copies, or any other form provided for under Minnesota
260.19 	Statutes.
260.20 	
EFFECTIVE DATE. This section is effective July 1, 2005.

260.21 	Sec. 10. Minnesota Statutes 2004, section 508A.82, is
260.22 	amended to read:
260.23 	508A.82  REGISTRAR'S REGISTRAR OF TITLES' FEES.
260.24 		Subdivision 1.Standard documents. The fees to be paid
260.25 	to charged by the registrar of titles shall be as follows and
260.26 	not exceed the following:
260.27 	(1) of the fees provided herein, five percent $1.50 of the
260.28 	fees collected under clauses (3), (5), (11), (13), (14) (15),
260.29 	and (17),(18) for filing or memorializing shall be paid to the
260.30 	commissioner of finance state treasury pursuant to section
260.31 	508.75 and credited to the general fund; plus a $4.50 surcharge
260.32 	shall be charged and collected in addition to the total fees
260.33 	charged for each transaction under clauses (2), (3), (5), (11),
260.34 	(13), (14), and (17), with 50 cents of this surcharge to be
260.35 	retained by the county to cover its administrative costs, and $4
260.36 	to be paid to the state treasury and credited to the general
261.1 	fund;
261.2 	(2) for registering a first CPT, including issuing a copy
261.3 	of it, $30;$46.  Pursuant to clause (1), distribution of the
261.4 	fee is as follows:
261.5 	(i) $10.50 shall be paid to the state treasury and credited
261.6 	to the general fund;
261.7 	(ii) $10 shall be deposited in the technology fund pursuant
261.8 	to section 357.18, subdivision 3; and 
261.9 	(iii) $25.50 shall be deposited in the county general fund;
261.10 	(3) for registering each instrument transferring the fee
261.11 	simple title for which a new CPT is issued and for the
261.12 	registration of the new CPT, including a copy of it, $30;$46.
261.13 	Pursuant to clause (1), distribution of the fee is as follows:
261.14 	(i) $12 shall be paid to the state treasury and credited to
261.15 	the general fund;
261.16 	(ii) $10 shall be deposited in the technology fund pursuant
261.17 	to section 357.18, subdivision 3; and 
261.18 	(iii) $24 shall be deposited in the county general fund;
261.19 	(4) for issuance of a CECT pursuant to section 508A.351,
261.20 	$15;
261.21 	(5) for the entry of each memorial on a CPT, $15;$46; for
261.22 	multiple certificate entries, $20 thereafter.  Pursuant to
261.23 	clause (1), distribution of the fee is as follows:
261.24 	(i) $12 shall be paid to the state treasury and credited to
261.25 	the general fund;
261.26 	(ii) $10 shall be deposited in the technology fund pursuant
261.27 	to section 357.18, subdivision 3;
261.28 	(iii) $24 shall be deposited in the county general fund;
261.29 	and 
261.30 	(iv) $20 shall be deposited in the county general fund for
261.31 	each multiple entry used;
261.32 	(6) for issuing each residue CPT, $20 $40;
261.33 	(7) for exchange CPTs or combined certificates of title,
261.34 	$10 $20 for each CPT and certificate of title canceled and
261.35 	$10 $20 for each new CPT or combined certificate of title
261.36 	issued;
262.1 	(8) for each CPT showing condition of the
262.2 	register, $10 $50;
262.3 	(9) for any certified copy of any instrument or writing on
262.4 	file or recorded in the registrar's registrar of titles' office,
262.5 	the same fees allowed by law to county recorders for like
262.6 	services $10;
262.7 	(10) for a noncertified copy of any CPT, other than the
262.8 	copies issued under clauses (2) and (3), any instrument or
262.9 	writing on file or recorded in the office of the registrar of
262.10 	titles, or any specified page or part of it, an amount as
262.11 	determined by the county board for each page or fraction of a
262.12 	page specified.  If computer or microfilm printers are used to
262.13 	reproduce the instrument or writing, a like amount per image;
262.14 	(11) for a noncertified copy of any document submitted for
262.15 	recording, if the original document is accompanied by a copy or
262.16 	duplicate original, $2.  Upon receipt of the copy or duplicate
262.17 	original and payment of the fee, a registrar of titles shall
262.18 	return it marked "copy" or "duplicate," showing the recording
262.19 	date and, if available, the document number assigned to the
262.20 	original;
262.21 	(12) for filing two copies of any plat in the office of the
262.22 	registrar, $30;$56.  Pursuant to clause (1), distribution of
262.23 	the fee is as follows:
262.24 	(i) $12 shall be paid to the state treasury and credited to
262.25 	the general fund;
262.26 	(ii) $10 shall be deposited in the technology fund pursuant
262.27 	to section 357.18, subdivision 3; and 
262.28 	(iii) $34 shall be deposited in the county general fund;
262.29 	(12) (13) for any other service under sections 508A.01 to
262.30 	508A.85, the fee the court shall determine;
262.31 	(13) (14) for filing an amendment to a declaration in
262.32 	accordance with chapter 515, $10 $46 for each certificate upon
262.33 	which the document is registered and $30 for multiple
262.34 	certificate entries, $20 thereafter; $56 for an amended floor
262.35 	plan filed in accordance with chapter 515;.  Pursuant to clause
262.36 	(1), distribution of the fee is as follows:
263.1 	(i) $12 shall be paid to the state treasury and credited to
263.2 	the general fund;
263.3 	(ii) $10 shall be deposited in the technology fund pursuant
263.4 	to section 357.18, subdivision 3;
263.5 	(iii) $24 shall be deposited in the county general fund for
263.6 	amendment to a declaration;
263.7 	(iv) $20 shall be deposited in the county general fund for
263.8 	each multiple entry used; and 
263.9 	(v) $34 shall be deposited in the county general fund for
263.10 	an amended floor plan;
263.11 	(14) (15) for issuance of a CECT pursuant to section
263.12 	508.351, $40;
263.13 	(16) for filing an amendment to a common interest community
263.14 	declaration and plat or amendment complying with section
263.15 	515B.2-110, subsection (c), and issuing a CECT if
263.16 	required, $10 $46 for each certificate upon which the document
263.17 	is registered and $30 for multiple certificate entries, $20
263.18 	thereafter; $56 for the filing of the condominium or common
263.19 	interest community plat or amendment;.  Pursuant to clause (1),
263.20 	distribution of the fee is as follows:
263.21 	(i) $12 shall be paid to the state treasury and credited to
263.22 	the general fund;
263.23 	(ii) $10 shall be deposited in the technology fund pursuant
263.24 	to section 357.18, subdivision 3;
263.25 	(iii) $24 shall be deposited in the county general fund for
263.26 	the filing of an amendment complying with section 515B.2-110,
263.27 	subsection (c);
263.28 	(iv) $20 shall be deposited in the county general fund for
263.29 	each multiple entry used; and 
263.30 	(v) $34 shall be deposited in the county general fund for
263.31 	the filing of a condominium or CIC plat or amendment;
263.32 	(15) (17) for a copy of a condominium floor plan filed in
263.33 	accordance with chapter 515, or a copy of a common interest
263.34 	community plat complying with section 515B.2-110, subsection
263.35 	(c), the fee shall be $1 for each page of the floor plan, or
263.36 	common interest community plat with a minimum fee of $10;
264.1 	(16) (18) in counties in which the compensation of the
264.2 	examiner of titles is paid in the same manner as the
264.3 	compensation of other county employees, for each parcel of land
264.4 	contained in the application for a CPT, as the number of parcels
264.5 	is determined by the examiner, a fee which is reasonable and
264.6 	which reflects the actual cost to the county, established by the
264.7 	board of county commissioners of the county in which the land is
264.8 	located;
264.9 	(17) (19) for filing a registered land survey in triplicate
264.10 	in accordance with section 508A.47, subdivision 4, $30; and $56.
264.11 	Pursuant to clause (1), distribution of the fee is as follows:
264.12 	(i) $12 shall be paid to the state treasury and credited to
264.13 	the general fund;
264.14 	(ii) $10 shall be deposited in the technology fund pursuant
264.15 	to section 357.18, subdivision 3; and 
264.16 	(iii) $34 shall be deposited in the county general fund;
264.17 	and 
264.18 	(18) (20) for furnishing a certified copy of a registered
264.19 	land survey in accordance with section 508A.47, subdivision
264.20 	4, $10 $15.
264.21 		Subd. 1a.Fees to record instruments with registrar of
264.22 	titles. Notwithstanding any special law to the contrary, and
264.23 	pursuant to section 357.182, the established fees pursuant to
264.24 	subdivision 1 shall be the fee charged in all counties for the
264.25 	specified service, other than Uniform Commercial Code documents,
264.26 	and documents filed or recorded pursuant to sections 270.69,
264.27 	subdivision 2, paragraph (c); 272.481 to 272.488; 277.20; and
264.28 	386.77.
264.29 		Subd. 2.Variance from standards. A document that does
264.30 	not should conform to the standards in section 507.093,
264.31 	paragraph (a), shall not be filed except upon payment of an
264.32 	additional fee of $10 per document but should not be rejected
264.33 	unless the document is not legible or cannot be archived.  This
264.34 	subdivision applies only to documents dated after July 31, 1997,
264.35 	and does not apply to Minnesota uniform conveyancing
264.36 	blanks contained in the book of forms on file in the office of
265.1 	the commissioner of commerce provided for under section 507.09,
265.2 	certified copies, or any other form provided for under Minnesota
265.3 	Statutes.
265.4 	
EFFECTIVE DATE. This section is effective July 1, 2005.

265.5 	Sec. 11. Minnesota Statutes 2004, section 515B.1-116, is
265.6 	amended to read:
265.7 	515B.1-116 RECORDING.
265.8 	(a) A declaration, bylaws, any amendment to a declaration
265.9 	or bylaws, and any other instrument affecting a common interest
265.10 	community shall be entitled to be recorded.  In those counties
265.11 	which have a tract index, the county recorder shall enter the
265.12 	declaration in the tract index for each unit affected.  The
265.13 	registrar of titles shall file the declaration in accordance
265.14 	with section 508.351 or 508A.351.
265.15 	(b) The recording officer shall upon request promptly
265.16 	assign a number (CIC number) to a common interest community to
265.17 	be formed or to a common interest community resulting from the
265.18 	merger of two or more common interest communities.
265.19 	(c) Documents recorded pursuant to this chapter shall in
265.20 	the case of registered land be filed, and references to the
265.21 	recording of documents shall mean filed in the case of
265.22 	registered land.
265.23 	(d) Subject to any specific requirements of this chapter,
265.24 	if a recorded document relating to a common interest community
265.25 	purports to require a certain vote or signatures approving any
265.26 	restatement or amendment of the document by a certain number or
265.27 	percentage of unit owners or secured parties, and if the
265.28 	amendment or restatement is to be recorded pursuant to this
265.29 	chapter, an affidavit of the president or secretary of the
265.30 	association stating that the required vote or signatures have
265.31 	been obtained shall be attached to the document to be recorded
265.32 	and shall constitute prima facie evidence of the representations
265.33 	contained therein.
265.34 	(e) If a common interest community is located on registered
265.35 	land, the recording fee for any document affecting two or more
265.36 	units shall be the then-current fee for registering the document
266.1 	on the certificates of title for the first ten affected
266.2 	certificates and one-third of the then-current fee for each
266.3 	additional affected certificate $40 for the first ten affected
266.4 	certificates and $10 for each additional affected certificate.
266.5 	This provision shall not apply to recording fees for deeds of
266.6 	conveyance, with the exception of deeds given pursuant to
266.7 	sections 515B.2-119 and 515B.3-112.
266.8 	(f) Except as permitted under this subsection, a recording
266.9 	officer shall not file or record a declaration creating a new
266.10 	common interest community, unless the county treasurer has
266.11 	certified that the property taxes payable in the current year
266.12 	for the real estate included in the proposed common interest
266.13 	community have been paid.  This certification is in addition to
266.14 	the certification for delinquent taxes required by section
266.15 	272.12.  In the case of preexisting common interest communities,
266.16 	the recording officer shall accept, file, and record the
266.17 	following instruments, without requiring a certification as to
266.18 	the current or delinquent taxes on any of the units in the
266.19 	common interest community:  (i) a declaration subjecting the
266.20 	common interest community to this chapter; (ii) a declaration
266.21 	changing the form of a common interest community pursuant to
266.22 	section 515B.2-123; or (iii) an amendment to or restatement of
266.23 	the declaration, bylaws, or CIC plat.  In order for an
266.24 	instrument to be accepted and recorded under the preceding
266.25 	sentence, the instrument must not create or change unit or
266.26 	common area boundaries.

266.27 	EFFECTIVE DATE. This section is effective July 1, 2005.

266.28 	Sec. 12. Minnesota Statutes 2004, section 590.01,
266.29 	subdivision 1, is amended to read:
266.30 		Subdivision 1.Petition.  Except at a time when direct
266.31 	appellate relief is available, a person convicted of a crime,
266.32 	who claims that:
266.33 	(1) the conviction obtained or the sentence or other
266.34 	disposition made violated the person's rights under the
266.35 	Constitution or laws of the United States or of the state; or
266.36 	(2) scientific evidence not available at trial, obtained
267.1 	pursuant to a motion granted under subdivision 1a, establishes
267.2 	the petitioner's actual innocence;
267.3 	may commence a proceeding to secure relief by filing a petition
267.4 	in the district court in the county in which the conviction was
267.5 	had to vacate and set aside the judgment and to discharge the
267.6 	petitioner or to resentence the petitioner or grant a new trial
267.7 	or correct the sentence or make other disposition as may be
267.8 	appropriate. A petition for postconviction relief after a
267.9 	direct appeal has been completed may not be based on grounds
267.10 	that could have been raised on direct appeal of the conviction
267.11 	or sentence.Nothing contained herein shall prevent the Supreme
267.12 	Court or the Court of Appeals, upon application by a party, from
267.13 	granting a stay of a case on appeal for the purpose of allowing
267.14 	an appellant to apply to the district court for an evidentiary
267.15 	hearing under the provisions of this chapter.  The proceeding
267.16 	shall conform with sections 590.01 to 590.06.
267.17 	
EFFECTIVE DATE. This section is effective August 1, 2005.

267.18 	Sec. 13. Minnesota Statutes 2004, section 590.01, is
267.19 	amended by adding a subdivision to read:
267.20 		Subd. 4.Time limit. (a) No petition for postconviction
267.21 	relief may be filed more than two years after the later of:
267.22 	(1) the entry of judgment of conviction or sentence if no
267.23 	direct appeal is filed; or 
267.24 	(2) an appellate court's disposition of petitioner's direct
267.25 	appeal.
267.26 	(b) Notwithstanding paragraph (a), a court may hear a
267.27 	petition for postconviction relief if:
267.28 	(1) the petitioner establishes that a physical disability
267.29 	or mental disease precluded a timely assertion of the claim;
267.30 	(2) the petitioner alleges the existence of newly
267.31 	discovered evidence, including scientific evidence, that could
267.32 	not have been ascertained by the exercise of due diligence by
267.33 	the petitioner or petitioner's attorney within the two-year time
267.34 	period for filing a postconviction petition, and the evidence is
267.35 	not cumulative to evidence presented at trial, is not for
267.36 	impeachment purposes, and establishes by a clear and convincing
268.1 	standard that the petitioner is innocent of the offense or
268.2 	offenses for which the petitioner was convicted;
268.3 	(3) the petitioner asserts a new interpretation of federal
268.4 	or state constitutional or statutory law by either the United
268.5 	States Supreme Court or a Minnesota appellate court and the
268.6 	petitioner establishes that this interpretation is retroactively
268.7 	applicable to the petitioner's case;
268.8 	(4) the petition is brought pursuant to subdivision 3; or 
268.9 	(5) the petitioner establishes to the satisfaction of the
268.10 	court that the petition is not frivolous and is in the interests
268.11 	of justice.
268.12 	(c) Any petition invoking an exception provided in
268.13 	paragraph (b) must be filed within two years of the date the
268.14 	claim arises.
268.15 	
EFFECTIVE DATE. This section is effective August 1, 2005.
268.16 	Any person whose conviction became final before August 1, 2005,
268.17 	shall have two years after the effective date of this act to
268.18 	file a petition for postconviction relief.

268.19 	Sec. 14. Minnesota Statutes 2004, section 609.115, is
268.20 	amended by adding a subdivision to read:
268.21 		Subd. 2a.Sentencing worksheet; sentencing guidelines
268.22 	commission. If the defendant has been convicted of a felony,
268.23 	including a felony for which a mandatory life sentence is
268.24 	required by law, the court shall cause a sentencing worksheet as
268.25 	provided in subdivision 1 to be completed and forwarded to the
268.26 	Sentencing Guidelines Commission.
268.27 	For the purpose of this section, "mandatory life sentence"
268.28 	means a sentence under section 609.106, subdivision 2; 609.109,
268.29 	subdivision 3; 609.185; 609.3455; or 609.385, subdivision 2, and
268.30 	governed by section 244.05.
268.31 	
EFFECTIVE DATE. This section is effective July 1, 2005.

268.32 	Sec. 15. Minnesota Statutes 2004, section 611.272, is
268.33 	amended to read:
268.34 	611.272 ACCESS TO GOVERNMENT DATA.
268.35 	The district public defender, the state public defender, or
268.36 	an attorney working for a public defense corporation under
269.1 	section 611.216 has access to the criminal justice data
269.2 	communications network described in section 299C.46, as provided
269.3 	in this section.  Access to data under this section is limited
269.4 	to data regarding the public defender's own client as necessary
269.5 	to prepare criminal cases in which the public defender has been
269.6 	appointed, including as follows:
269.7 	(1) access to data about witnesses in a criminal case shall
269.8 	be limited to records of criminal convictions; and 
269.9 	(2) access to data regarding the public defender's own
269.10 	client which includes, but is not limited to, criminal history
269.11 	data under section 13.87; juvenile offender data under section
269.12 	299C.095; warrant information data under section 299C.115;
269.13 	incarceration data under section 299C.14; conditional release
269.14 	data under section 299C.147; and diversion program data under
269.15 	section 299C.46, subdivision 5.
269.16 	The public defender has access to data under this section,
269.17 	whether accessed via CriMNet or other methods.The public
269.18 	defender does not have access to law enforcement active
269.19 	investigative data under section 13.82, subdivision 7; data
269.20 	protected under section 13.82, subdivision 17; or confidential
269.21 	arrest warrant indices data under section 13.82, subdivision 19;
269.22 	or data systems maintained by a prosecuting attorney.  The
269.23 	public defender has access to the data at no charge, except for
269.24 	the monthly network access charge under section 299C.46,
269.25 	subdivision 3, paragraph (b), and a reasonable installation
269.26 	charge for a terminal.  Notwithstanding section 13.87,
269.27 	subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48,
269.28 	or any other law to the contrary, there shall be no charge to
269.29 	public defenders for Internet access to the criminal justice
269.30 	data communications network.

269.31 	EFFECTIVE DATE. This section is effective July 1, 2005.

269.32 	Sec. 16. [611.273] SURPLUS PROPERTY.
269.33 	Notwithstanding the provisions of Minnesota Statutes,
269.34 	sections 15.054 and 16C.23, the Board of Public Defense, in its
269.35 	sole discretion, may provide surplus computers to its part-time
269.36 	employees for their use.

270.1 	EFFECTIVE DATE. This section is effective July 1, 2005.

270.2 	Sec. 17. Minnesota Statutes 2004, section 626.04, is
270.3 	amended to read:
270.4 	626.04 PROPERTY; SEIZURE, KEEPING, AND DISPOSAL.
270.5 	(a) When any officer seizes, with or without warrant, any
270.6 	property or thing, it shall be safely kept by direction of the
270.7 	court as long as necessary for the purpose of being produced as
270.8 	evidence on any trial. If the owner of the property makes a
270.9 	written request to the seizing officer's agency for return of
270.10 	the property, and the property has not been returned within 48
270.11 	hours of the request, excluding Saturday, Sunday, or legal
270.12 	holidays, the person whose property has been seized may file a
270.13 	petition for the return of the property in the district court in
270.14 	the district in which the property was seized.  The court
270.15 	administrator shall provide a form for use as a petition under
270.16 	this section.  A filing fee, equal to the civil motion filing
270.17 	fee, shall be required for filing the petition.  The district
270.18 	court shall send a copy of the petition to the agency acting as
270.19 	custodian of the property with at least ten days notice of a
270.20 	hearing date.  A hearing on the petition shall be held within 30
270.21 	days of filing unless good cause is shown for an extension of
270.22 	time.  The determination of the petition must be without jury
270.23 	trial and by a simple and informal procedure.  At the hearing,
270.24 	the court may receive relevant evidence on any issue of fact
270.25 	necessary to the decision on the petition without regard to
270.26 	whether the evidence would be admissible under the Minnesota
270.27 	Rules of Evidence.  The court shall allow if requested, or on
270.28 	its own motion may require, the custodian or the custodian's
270.29 	designee to summarize the status and progress of an ongoing
270.30 	investigation that led to the seizure.  Any such summary shall
270.31 	be done ex parte and only the custodian, the custodian's
270.32 	designee, and their attorneys may be present with the court and
270.33 	court staff.  The court shall seal the ex parte record.  After a
270.34 	hearing, the court shall not order the return if it finds that:
270.35 	(1) the property is being held in good faith as potential
270.36 	evidence in any matter, charged or uncharged;
271.1 	(2) the property may be subject to forfeiture proceedings;
271.2 	(3) the property is contraband or may contain contraband;
271.3 	or 
271.4 	(4) the property is subject to other lawful retention.
271.5 	(b) The court shall make findings on each of these issues
271.6 	as part of its order.  If the property is ordered returned, the
271.7 	petitioner shall not be liable for any storage costs incurred
271.8 	from the date the petition was filed.  If the petition is
271.9 	denied, the court may award reasonable costs and attorney fees.
271.10 	After the trial for which the property was being held as
271.11 	potential evidence, and the expiration date for all associated
271.12 	appeals,the property or thing shall, unless otherwise subject
271.13 	to lawful detention, be returned to its owner or any other
271.14 	person entitled to possess it.  Any property or thing seized may
271.15 	be destroyed or otherwise disposed of under the direction of the
271.16 	court.  Any money found in gambling devices when seized shall be
271.17 	paid into the county treasury.  If the gambling devices are
271.18 	seized by a police officer of a municipality, the money shall be
271.19 	paid into the treasury of the municipality.

271.20 	EFFECTIVE DATE. This section is effective July 1, 2005,
271.21 	and applies to property seized on or after that date.

271.22 	Sec. 18. COLLATERAL SANCTIONS CROSS-REFERENCES; CREATION
271.23 	OF A NEW CHAPTER.
 271.24 		Subdivision 1.Definitions. For purposes of this section:
271.25 	(1) "automatically" means either by operation of law or by
271.26 	the mandated action of a designated official or agency; and 
271.27 	(2) "collateral sanction" means a legal penalty,
271.28 	disability, or disadvantage, however denominated, that is
271.29 	imposed on a person automatically when that person is convicted
271.30 	of or found to have committed a crime, even if the sanction is
271.31 	not included in the sentence.  Collateral sanction does not
271.32 	include:
271.33 	(i) a direct consequence of the crime such as a criminal
271.34 	fine, restitution, or incarceration; or 
271.35 	(ii) a requirement imposed by the sentencing court or other
271.36 	designated official or agency that the convicted person provide
272.1 	a biological specimen for DNA analysis, provide fingerprints, or
272.2 	submit to any form of assessment or testing.
272.3 		Subd. 2.Revisor instruction. The revisor of statutes
272.4 	shall create a new chapter in Minnesota Statutes that contains
272.5 	cross-references to Minnesota laws imposing collateral
272.6 	sanctions.  The revisor shall create a structure within this new
272.7 	chapter that categorizes these laws in a useful way to users and
272.8 	provides them with quick access to the cross-referenced laws.
272.9 	The revisor may consider, but is not limited to, using the
272.10 	following categories in the new chapter:
272.11 	(1) collateral sanctions relating to employment and
272.12 	occupational licensing;
272.13 	(2) collateral sanctions relating to driving and motor
272.14 	vehicles;
272.15 	(3) collateral sanctions relating to public safety;
272.16 	(4) collateral sanctions relating to eligibility for
272.17 	services and benefits;
272.18 	(5) collateral sanctions relating to property rights;
272.19 	(6) collateral sanctions relating to civil rights and
272.20 	remedies; and 
272.21 	(7) collateral sanctions relating to recreational
272.22 	activities.
272.23 	If possible, the revisor shall locate the new chapter in
272.24 	proximity to Minnesota Statutes, chapter 609, the Minnesota
272.25 	Criminal Code.
272.26 		Subd. 3.Cautionary language. The revisor shall include
272.27 	appropriate cautionary language at the beginning of the new
272.28 	chapter that notifies users of the following types of issues:
272.29 	(1) that the list of collateral sanctions laws contained in
272.30 	the chapter is intended to be comprehensive but is not
272.31 	necessarily complete;
272.32 	(2) that the inclusion or exclusion of a collateral
272.33 	sanction in the chapter is not intended to have any substantive
272.34 	legal effect;
272.35 	(3) that the cross-references used in the chapter are
272.36 	intended solely to indicate the contents of the cross-referenced
273.1 	section or subdivision and are not part of the cross-referenced
273.2 	statute;
273.3 	(4) that the cross-references are not substantive and may
273.4 	not be used to construe or limit the meaning of any statutory
273.5 	language; and 
273.6 	(5) that users must consult the language of each
273.7 	cross-referenced law to fully understand the scope and effect of
273.8 	the collateral sanction it imposes.
273.9 		Subd. 4.Consultation with legislators and legislative
273.10 	staff. The revisor shall consult with legislative staff and the
273.11 	chairs and ranking minority members of the senate and house
273.12 	committees having jurisdiction over criminal justice matters to
273.13 	identify laws that impose collateral sanctions and develop the
273.14 	appropriate categories and cross-references to use in the new
273.15 	chapter.
273.16 	
EFFECTIVE DATE. This section is effective July 1, 2005.

273.17 	Sec. 19. REPORT OF COLLATERAL SANCTIONS LAWS.
 273.18 	Each state or local governmental agency having
273.19 	responsibility to impose a collateral sanction shall prepare a
273.20 	list that identifies all of the collateral sanctions within the
273.21 	authority's statutory jurisdiction.  The agency shall submit the
273.22 	list to the Office of the Revisor of Statutes no later than
273.23 	September 1, 2005.  State and local agencies covered by this
273.24 	section include, but are not limited to, state agencies, the
273.25 	judiciary, the state Public Defender's Office, the Attorney
273.26 	General's Office, and county attorneys.

273.27 	EFFECTIVE DATE. This section is effective July 1, 2005.

273.28 	Sec. 20. RAMSEY COUNTY COURT COMMISSIONER.
 273.29 	The chief justice of the Supreme Court may assign a retired
273.30 	court commissioner to act in Ramsey County as a commissioner of
273.31 	the district court.  The commissioner may perform duties
273.32 	assigned by the chief judge of the judicial district with the
273.33 	powers provided by Minnesota Statutes, section 489.02.  This
273.34 	section expires December 31, 2025.

273.35 	EFFECTIVE DATE. This section is effective July 1, 2005.

273.36 	Sec. 21. REPEALER.
 274.1 	Minnesota Statutes 2004, sections 386.30 and 624.04, are
274.2 	repealed.

274.3 	EFFECTIVE DATE. This section is effective July 1, 2005.

274.4 	ARTICLE 15
274.5 	CHILD PROTECTION

274.6 	Section 1. Minnesota Statutes 2004, section 259.24,
274.7 	subdivision 1, is amended to read:
274.8 		Subdivision 1.Exceptions.  No child shall be adopted
274.9 	without the consent of the child's parents and the child's
274.10 	guardian, if there be one, except in the following instances:
274.11 	(a) Consent shall not be required of a parent not entitled
274.12 	to notice of the proceedings.
274.13 	(b) Consent shall not be required of a parent who has
274.14 	abandoned the child, or of a parent who has lost custody of the
274.15 	child through a divorce decree or a decree of dissolution, and
274.16 	upon whom notice has been served as required by section 259.49.
274.17 	(c) Consent shall not be required of a parent whose
274.18 	parental rights to the child have been terminated by a juvenile
274.19 	court or who has lost custody of a child through a final
274.20 	commitment of the juvenile court or through a decree in a prior
274.21 	adoption proceeding.
274.22 	(d) If there be no parent or guardian qualified to consent
274.23 	to the adoption, the consent may shall be given by the
274.24 	commissioner. After the court accepts a parent's consent to the
274.25 	adoption under section 260C.201, subdivision 11, consent by the
274.26 	commissioner or commissioner's delegate is also necessary.
274.27 	Agreement to the identified prospective adoptive parent by the
274.28 	responsible social services agency under section 260C.201,
274.29 	subdivision 11, does not constitute the required consent.
274.30 	(e) The commissioner or agency having authority to place a
274.31 	child for adoption pursuant to section 259.25, subdivision 1,
274.32 	shall have the exclusive right to consent to the adoption of
274.33 	such child.  The commissioner or agency shall make every effort
274.34 	to place siblings together for adoption.  Notwithstanding any
274.35 	rule to the contrary, the commissioner may delegate the right to
274.36 	consent to the adoption or separation of siblings, if it is in
275.1 	the child's best interest, to a local social services agency.

275.2 	Sec. 2. Minnesota Statutes 2004, section 259.24,
275.3 	subdivision 2a, is amended to read:
275.4 		Subd. 2a.Time of consent; notice of intent to consent to
275.5 	adoption.  (a) Not sooner than 72 hours after the birth of a
275.6 	child and not later than 60 days after the child's placement in
275.7 	a prospective adoptive home, a person whose consent is required
275.8 	under this section shall execute a consent.
275.9 	(b) Unless all birth parents from whom consent is required
275.10 	under this section are involved in making the adoptive placement
275.11 	and intend to consent to the adoption, a birth parent who
275.12 	intends to execute a consent to an adoption must give notice to
275.13 	the child's other birth parent of the intent to consent to the
275.14 	adoption prior to or within 72 hours following the placement of
275.15 	the child, if the other birth parent's consent to the adoption
275.16 	is required under subdivision 1.  The birth parent who receives
275.17 	notice shall have 60 days after the placement of the child to
275.18 	either consent or refuse to consent to the adoption.  If the
275.19 	birth parent who receives notice fails to take either of these
275.20 	actions, that parent shall be deemed to have irrevocably
275.21 	consented to the child's adoption. The notice provisions of
275.22 	chapter 260C and the rules of juvenile protection procedure
275.23 	shall apply to both parents when the consent to adopt is
275.24 	executed under section 260C.201, subdivision 11.
275.25 	(c) When notice is required under this subdivision, it
275.26 	shall be provided to the other birth parent according to the
275.27 	Rules of Civil Procedure for service of a summons and complaint.

275.28 	Sec. 3. Minnesota Statutes 2004, section 259.24,
275.29 	subdivision 5, is amended to read:
275.30 		Subd. 5.Execution.  All consents to an adoption shall be
275.31 	in writing, executed before two competent witnesses, and
275.32 	acknowledged by the consenting party.  In addition, all consents
275.33 	to an adoption, except those by the commissioner, the
275.34 	commissioner's agent, a licensed child-placing agency, an adult
275.35 	adoptee, or the child's parent in a petition for adoption by a
275.36 	stepparent, shall be executed before a representative of the
276.1 	commissioner, the commissioner's agent, or a licensed
276.2 	child-placing agency.  All consents by a parent:
276.3 	(1) shall contain notice to the parent of the substance of
276.4 	subdivision 6a, providing for the right to withdraw
276.5 	consent unless the parent will not have the right to withdraw
276.6 	consent because consent was executed under section 260C.201,
276.7 	subdivision 11, following proper notice that consent given under
276.8 	that provision is irrevocable upon acceptance by the court as
276.9 	provided in subdivision 6a; and
276.10 	(2) shall contain the following written notice in all
276.11 	capital letters at least one-eighth inch high:
276.12 	"This agency will submit your consent to adoption to the
276.13 	court.  The consent itself does not terminate your parental
276.14 	rights.  Parental rights to a child may be terminated only by an
276.15 	adoption decree or by a court order terminating parental
276.16 	rights.  Unless the child is adopted or your parental rights are
276.17 	terminated, you may be asked to support the child."
276.18 	Consents shall be filed in the adoption proceedings at any
276.19 	time before the matter is heard provided, however, that a
276.20 	consent executed and acknowledged outside of this state, either
276.21 	in accordance with the law of this state or in accordance with
276.22 	the law of the place where executed, is valid.

276.23 	Sec. 4. Minnesota Statutes 2004, section 259.24,
276.24 	subdivision 6a, is amended to read:
276.25 		Subd. 6a.Withdrawal of consent. Except for consents
276.26 	executed under section 260C.201, subdivision 11,a parent's
276.27 	consent to adoption may be withdrawn for any reason within ten
276.28 	working days after the consent is executed and acknowledged.
276.29 	Written notification of withdrawal of consent must be received
276.30 	by the agency to which the child was surrendered no later than
276.31 	the tenth working day after the consent is executed and
276.32 	acknowledged.  On the day following the tenth working day after
276.33 	execution and acknowledgment, the consent shall become
276.34 	irrevocable, except upon order of a court of competent
276.35 	jurisdiction after written findings that consent was obtained by
276.36 	fraud. A consent to adopt executed under section 260C.201,
277.1 	subdivision 11, is irrevocable upon proper notice to both
277.2 	parents of the effect of a consent to adopt and acceptance by
277.3 	the court, except upon order of the same court after written
277.4 	findings that the consent was obtained by fraud.In proceedings
277.5 	to determine the existence of fraud, the adoptive parents and
277.6 	the child shall be made parties.  The proceedings shall be
277.7 	conducted to preserve the confidentiality of the adoption
277.8 	process.  There shall be no presumption in the proceedings
277.9 	favoring the birth parents over the adoptive parents.

277.10 	Sec. 5. Minnesota Statutes 2004, section 260C.201,
277.11 	subdivision 11, is amended to read:
277.12 		Subd. 11.Review of court-ordered placements; permanent
277.13 	placement determination.  (a) This subdivision and subdivision
277.14 	11a do not apply in cases where the child is in placement due
277.15 	solely to the child's developmental disability or emotional
277.16 	disturbance, where legal custody has not been transferred to the
277.17 	responsible social services agency, and where the court finds
277.18 	compelling reasons under section 260C.007, subdivision 8, to
277.19 	continue the child in foster care past the time periods
277.20 	specified in this subdivision.  Foster care placements of
277.21 	children due solely to their disability are governed by section
277.22 	260C.141, subdivision 2b.  In all other cases where the child is
277.23 	in foster care or in the care of a noncustodial parent under
277.24 	subdivision 1, the court shall conduct a hearing to determine
277.25 	the permanent status of a child not later than 12 months after
277.26 	the child is placed in foster care or in the care of a
277.27 	noncustodial parent.
277.28 	For purposes of this subdivision, the date of the child's
277.29 	placement in foster care is the earlier of the first
277.30 	court-ordered placement or 60 days after the date on which the
277.31 	child has been voluntarily placed in foster care by the child's
277.32 	parent or guardian.  For purposes of this subdivision, time
277.33 	spent by a child under the protective supervision of the
277.34 	responsible social services agency in the home of a noncustodial
277.35 	parent pursuant to an order under subdivision 1 counts towards
277.36 	the requirement of a permanency hearing under this subdivision
278.1 	or subdivision 11a.
278.2 	For purposes of this subdivision, 12 months is calculated
278.3 	as follows:
278.4 	(1) during the pendency of a petition alleging that a child
278.5 	is in need of protection or services, all time periods when a
278.6 	child is placed in foster care or in the home of a noncustodial
278.7 	parent are cumulated;
278.8 	(2) if a child has been placed in foster care within the
278.9 	previous five years under one or more previous petitions, the
278.10 	lengths of all prior time periods when the child was placed in
278.11 	foster care within the previous five years are cumulated.  If a
278.12 	child under this clause has been in foster care for 12 months or
278.13 	more, the court, if it is in the best interests of the child and
278.14 	for compelling reasons, may extend the total time the child may
278.15 	continue out of the home under the current petition up to an
278.16 	additional six months before making a permanency determination.
278.17 	(b) Unless the responsible social services agency
278.18 	recommends return of the child to the custodial parent or
278.19 	parents, not later than 30 days prior to this hearing, the
278.20 	responsible social services agency shall file pleadings in
278.21 	juvenile court to establish the basis for the juvenile court to
278.22 	order permanent placement of the child according to paragraph
278.23 	(d).  Notice of the hearing and copies of the pleadings must be
278.24 	provided pursuant to section 260C.152.  If a termination of
278.25 	parental rights petition is filed before the date required for
278.26 	the permanency planning determination and there is a trial under
278.27 	section 260C.163 scheduled on that petition within 90 days of
278.28 	the filing of the petition, no hearing need be conducted under
278.29 	this subdivision.
278.30 	(c) At the conclusion of the hearing, the court shall order
278.31 	the child returned to the care of the parent or guardian from
278.32 	whom the child was removed or order a permanent placement in the
278.33 	child's best interests.  The "best interests of the child" means
278.34 	all relevant factors to be considered and evaluated.  Transfer
278.35 	of permanent legal and physical custody, termination of parental
278.36 	rights, or guardianship and legal custody to the commissioner
279.1 	through a consent to adopt are preferred permanency options for
279.2 	a child who cannot return home.
279.3 	(d) If the child is not returned to the home, the court
279.4 	must order one of the following dispositions:
279.5 	(1) permanent legal and physical custody to a relative in
279.6 	the best interests of the child according to the following
279.7 	conditions:
279.8 	(i) an order for transfer of permanent legal and physical
279.9 	custody to a relative shall only be made after the court has
279.10 	reviewed the suitability of the prospective legal and physical
279.11 	custodian;
279.12 	(ii) in transferring permanent legal and physical custody
279.13 	to a relative, the juvenile court shall follow the standards
279.14 	applicable under this chapter and chapter 260, and the
279.15 	procedures set out in the juvenile court rules;
279.16 	(iii) an order establishing permanent legal and physical
279.17 	custody under this subdivision must be filed with the family
279.18 	court;
279.19 	(iv) a transfer of legal and physical custody includes
279.20 	responsibility for the protection, education, care, and control
279.21 	of the child and decision making on behalf of the child;
279.22 	(v) the social services agency may bring a petition or
279.23 	motion naming a fit and willing relative as a proposed permanent
279.24 	legal and physical custodian.  The commissioner of human
279.25 	services shall annually prepare for counties information that
279.26 	must be given to proposed custodians about their legal rights
279.27 	and obligations as custodians together with information on
279.28 	financial and medical benefits for which the child is eligible;
279.29 	and
279.30 	(vi) the juvenile court may maintain jurisdiction over the
279.31 	responsible social services agency, the parents or guardian of
279.32 	the child, the child, and the permanent legal and physical
279.33 	custodian for purposes of ensuring appropriate services are
279.34 	delivered to the child and permanent legal custodian or for the
279.35 	purpose of ensuring conditions ordered by the court related to
279.36 	the care and custody of the child are met;
280.1 	(2) termination of parental rights according to the
280.2 	following conditions:
280.3 	(i) unless the social services agency has already filed a
280.4 	petition for termination of parental rights under section
280.5 	260C.307, the court may order such a petition filed and all the
280.6 	requirements of sections 260C.301 to 260C.328 remain applicable;
280.7 	and
280.8 	(ii) an adoption completed subsequent to a determination
280.9 	under this subdivision may include an agreement for
280.10 	communication or contact under section 259.58;
280.11 	(3) long-term foster care according to the following
280.12 	conditions:
280.13 	(i) the court may order a child into long-term foster care
280.14 	only if it finds compelling reasons that neither an award of
280.15 	permanent legal and physical custody to a relative, nor
280.16 	termination of parental rights is in the child's best interests;
280.17 	and
280.18 	(ii) further, the court may only order long-term foster
280.19 	care for the child under this section if it finds the following:
280.20 	(A) the child has reached age 12 and reasonable efforts by
280.21 	the responsible social services agency have failed to locate an
280.22 	adoptive family for the child; or
280.23 	(B) the child is a sibling of a child described in subitem
280.24 	(A) and the siblings have a significant positive relationship
280.25 	and are ordered into the same long-term foster care home;
280.26 	(4) foster care for a specified period of time according to
280.27 	the following conditions:
280.28 	(i) foster care for a specified period of time may be
280.29 	ordered only if:
280.30 	(A) the sole basis for an adjudication that the child is in
280.31 	need of protection or services is the child's behavior;
280.32 	(B) the court finds that foster care for a specified period
280.33 	of time is in the best interests of the child; and
280.34 	(C) the court finds compelling reasons that neither an
280.35 	award of permanent legal and physical custody to a relative, nor
280.36 	termination of parental rights is in the child's best interests;
281.1 	(ii) the order does not specify that the child continue in
281.2 	foster care for any period exceeding one year; or
281.3 	(5) guardianship and legal custody to the commissioner of
281.4 	human services under the following procedures and conditions:
281.5 	(i) there is an identified prospective adoptive home that
281.6 	has agreed to adopt the child and agreed to by the responsible
281.7 	social services agency having legal custody of the child
281.8 	pursuant to court order under this section and the court accepts
281.9 	the parent's voluntary consent to adopt under section 259.24;
281.10 	(ii) if the court accepts a consent to adopt in lieu of
281.11 	ordering one of the other enumerated permanency dispositions,
281.12 	the court must review the matter at least every 90 days.  The
281.13 	review will address the reasonable efforts of the agency to
281.14 	achieve a finalized adoption;
281.15 	(iii) a consent to adopt under this clause vests all legal
281.16 	authority regarding the child, including guardianship and legal
281.17 	custody of the child, with the commissioner of human services as
281.18 	if the child were a state ward after termination of parental
281.19 	rights;
281.20 	(iv) the court must forward a copy of the consent to adopt,
281.21 	together with a certified copy of the order transferring
281.22 	guardianship and legal custody to the commissioner, to the
281.23 	commissioner; and 
281.24 	(v) if an adoption is not finalized by the identified
281.25 	prospective adoptive parent within 12 months of the execution of
281.26 	the consent to adopt under this clause, the commissioner of
281.27 	human services or the commissioner's delegate shall pursue
281.28 	adoptive placement in another home unless the commissioner
281.29 	certifies that the failure to finalize is not due to either an
281.30 	action or a failure to act by the prospective adoptive parent;
281.31 	and 
281.32 	(vi) notwithstanding item (v), the commissioner of human
281.33 	services or the commissioner's designee must pursue adoptive
281.34 	placement in another home as soon as the commissioner or
281.35 	commissioner's designee determines that finalization of the
281.36 	adoption with the identified prospective adoptive parent is not
282.1 	possible, that the identified prospective adoptive parent is not
282.2 	willing to adopt the child, that the identified prospective
282.3 	adoptive parent is not cooperative in completing the steps
282.4 	necessary to finalize the adoption, or upon the commissioner's
282.5 	determination to withhold consent to the adoption.
282.6 	(e) In ordering a permanent placement of a child, the court
282.7 	must be governed by the best interests of the child, including a
282.8 	review of the relationship between the child and relatives and
282.9 	the child and other important persons with whom the child has
282.10 	resided or had significant contact.
282.11 	(f) Once a permanent placement determination has been made
282.12 	and permanent placement has been established, further court
282.13 	reviews are necessary if:
282.14 	(1) the placement is long-term foster care or foster care
282.15 	for a specified period of time;
282.16 	(2) the court orders further hearings because it has
282.17 	retained jurisdiction of a transfer of permanent legal and
282.18 	physical custody matter;
282.19 	(3) an adoption has not yet been finalized; or
282.20 	(4) there is a disruption of the permanent or long-term
282.21 	placement.
282.22 	(g) Court reviews of an order for long-term foster care,
282.23 	whether under this section or section 260C.317, subdivision 3,
282.24 	paragraph (d), or foster care for a specified period of time
282.25 	must be conducted at least yearly and must review the child's
282.26 	out-of-home placement plan and the reasonable efforts of the
282.27 	agency to:
282.28 	(1) identify a specific long-term foster home for the child
282.29 	or a specific foster home for the time the child is specified to
282.30 	be out of the care of the parent, if one has not already been
282.31 	identified;
282.32 	(2) support continued placement of the child in the
282.33 	identified home, if one has been identified;
282.34 	(3) ensure appropriate services are provided to the child
282.35 	during the period of long-term foster care or foster care for a
282.36 	specified period of time;
283.1 	(4) plan for the child's independence upon the child's
283.2 	leaving long-term foster care living as required under section
283.3 	260C.212, subdivision 1; and
283.4 	(5) where placement is for a specified period of time, a
283.5 	plan for the safe return of the child to the care of the parent.
283.6 	(h) An order under this subdivision must include the
283.7 	following detailed findings:
283.8 	(1) how the child's best interests are served by the order;
283.9 	(2) the nature and extent of the responsible social service
283.10 	agency's reasonable efforts, or, in the case of an Indian child,
283.11 	active efforts to reunify the child with the parent or parents;
283.12 	(3) the parent's or parents' efforts and ability to use
283.13 	services to correct the conditions which led to the out-of-home
283.14 	placement; and
283.15 	(4) whether the conditions which led to the out-of-home
283.16 	placement have been corrected so that the child can return home.
283.17 	(i) An order for permanent legal and physical custody of a
283.18 	child may be modified under sections 518.18 and 518.185.  The
283.19 	social services agency is a party to the proceeding and must
283.20 	receive notice.  A parent may only seek modification of an order
283.21 	for long-term foster care upon motion and a showing by the
283.22 	parent of a substantial change in the parent's circumstances
283.23 	such that the parent could provide appropriate care for the
283.24 	child and that removal of the child from the child's permanent
283.25 	placement and the return to the parent's care would be in the
283.26 	best interest of the child.
283.27 	(j) The court shall issue an order required under this
283.28 	section within 15 days of the close of the proceedings.  The
283.29 	court may extend issuing the order an additional 15 days when
283.30 	necessary in the interests of justice and the best interests of
283.31 	the child.

283.32 	Sec. 6. [260C.209] BACKGROUND CHECKS.
283.33 		Subdivision 1.Subjects. The responsible social services
283.34 	agency must conduct a background check under this section of the
283.35 	following:
283.36 	(1) a noncustodial parent or nonadjudicated parent who is
284.1 	being assessed for purposes of providing day-to-day care of a
284.2 	child temporarily or permanently under section 260C.212,
284.3 	subdivision 4, and any member of the parent's household who is
284.4 	over the age of 13 when there is a reasonable cause to believe
284.5 	that the parent or household member over age 13 has a criminal
284.6 	history or a history of maltreatment of a child or vulnerable
284.7 	adult which would endanger the child's health, safety, or
284.8 	welfare;
284.9 	(2) an individual whose suitability for relative placement
284.10 	under section 260C.212, subdivision 5, is being determined, and
284.11 	any member of the relative's household who is over the age of 13
284.12 	when:  (i) the relative must be licensed for foster care; or (ii)
284.13 	the agency must conduct a background study under section 259.53,
284.14 	subdivision 2; or (iii) the agency has reasonable cause to
284.15 	believe the relative or household member over the age of 13 has
284.16 	a criminal history which would not make transfer of permanent
284.17 	legal and physical custody to the relative under section
284.18 	260C.201, subdivision 11, in the child's best interest; and 
284.19 	(3) a parent, following an out-of-home placement, when the
284.20 	responsible social service agency has reasonable cause to
284.21 	believe that the parent has been convicted of a crime directly
284.22 	related to the parent's capacity to maintain the child's health,
284.23 	safety, or welfare; or the parent is the subject of an open
284.24 	investigation of, or has been the subject of a substantiated
284.25 	allegation of, child or vulnerable-adult maltreatment within the
284.26 	past ten years.
284.27 	"Reasonable cause" means that the agency has received
284.28 	information or a report from the subject or a third person that
284.29 	creates an articulable suspicion that the individual has a
284.30 	history that may pose a risk to the health, safety, or welfare
284.31 	of the child.  The information or report must be specific to the
284.32 	potential subject of the background check and shall not be based
284.33 	on the race, religion, ethnic background, age, class, or
284.34 	lifestyle of the potential subject.
284.35 		Subd. 2.General procedures. (a) When conducting a
284.36 	background check under subdivision 1, the agency may require the
285.1 	individual being assessed to provide sufficient information to
285.2 	ensure an accurate assessment under this section, including:
285.3 	(1) the individual's first, middle, and last name and all
285.4 	other names by which the individual has been known;
285.5 	(2) home address, zip code, city, county, and state of
285.6 	residence for the past ten years;
285.7 	(3) sex;
285.8 	(4) date of birth; and 
285.9 	(5) driver's license number or state identification number.
285.10 	(b) When notified by the responsible social services agency
285.11 	that it is conducting an assessment under this section, the
285.12 	Bureau of Criminal Apprehension, commissioners of health and
285.13 	human services, law enforcement, and county agencies must
285.14 	provide the responsible social services agency or county
285.15 	attorney with the following information on the individual being
285.16 	assessed:  criminal history data, reports about the maltreatment
285.17 	of adults substantiated under section 626.557, and reports of
285.18 	maltreatment of minors substantiated under section 626.556.
285.19 		Subd. 3.Multistate information. (a) For any assessment
285.20 	completed under this section, if the responsible social services
285.21 	agency has reasonable cause to believe that the individual is a
285.22 	multistate offender, the individual must provide the responsible
285.23 	social services agency or the county attorney with a set of
285.24 	classifiable fingerprints obtained from an authorized law
285.25 	enforcement agency.  The responsible social services agency or
285.26 	county attorney may obtain criminal history data from the
285.27 	National Criminal Records Repository by submitting the
285.28 	fingerprints to the Bureau of Criminal Apprehension.
285.29 	(b) For purposes of this subdivision, the responsible
285.30 	social services agency has reasonable cause when, but not
285.31 	limited to:
285.32 	(1) information from the Bureau of Criminal Apprehension
285.33 	indicates that the individual is a multistate offender;
285.34 	(2) information from the Bureau of Criminal Apprehension
285.35 	indicates that multistate offender status is undetermined;
285.36 	(3) the social services agency has received a report from
286.1 	the individual or a third party indicating that the individual
286.2 	has a criminal history in a jurisdiction other than Minnesota;
286.3 	or 
286.4 	(4) the individual is or has been a resident of a state
286.5 	other than Minnesota at any time during the prior ten years.
286.6 		Subd. 4.Notice upon receipt. The responsible social
286.7 	services agency must provide the subject of the background study
286.8 	with the results of the study under this section within 15
286.9 	business days of receipt or at least 15 days prior to the
286.10 	hearing at which the results will be presented, whichever comes
286.11 	first.  The subject may provide written information to the
286.12 	agency that the results are incorrect and may provide additional
286.13 	or clarifying information to the agency and to the court through
286.14 	a party to the proceeding.  This provision does not apply to any
286.15 	background study conducted under chapters 245A and 245C.

286.16 	Sec. 7. Minnesota Statutes 2004, section 260C.212,
286.17 	subdivision 4, is amended to read:
286.18 		Subd. 4.Responsible social service agency's duties for
286.19 	children in placement.  (a) When a child is in placement, the
286.20 	responsible social services agency shall make diligent efforts
286.21 	to identify, locate, and, where appropriate, offer services to
286.22 	both parents of the child.
286.23 	(1) If The responsible social services agency shall assess
286.24 	whether a noncustodial or nonadjudicated parent is willing and
286.25 	capable of providing for the day-to-day care of the child
286.26 	temporarily or permanently.  An assessment under this clause may
286.27 	include, but is not limited to, obtaining information under
286.28 	section 260C.209.  If after assessment, the responsible social
286.29 	services agency determines that a noncustodial or nonadjudicated
286.30 	parent is willing and capable of providing day-to-day care of
286.31 	the child, the responsible social services agency may seek
286.32 	authority from the custodial parent or the court to have that
286.33 	parent assume day-to-day care of the child.  If a parent is not
286.34 	an adjudicated parent, the responsible social services agency
286.35 	shall require the nonadjudicated parent to cooperate with
286.36 	paternity establishment procedures as part of the case plan.
287.1 	(2) If, after assessment, the responsible social services
287.2 	agency determines that the child cannot be in the day-to-day
287.3 	care of either parent, the agency shall:
287.4 	(i) prepare an out-of-home placement plan addressing the
287.5 	conditions that each parent must meet before the child can be in
287.6 	that parent's day-to-day care; and 
287.7 	(ii) provide a parent who is the subject of a background
287.8 	study under section 260C.209 15 days' notice that it intends to
287.9 	use the study to recommend against putting the child with that
287.10 	parent, as well as the notice provided in section 260C.209,
287.11 	subdivision 4, and the court shall afford the parent an
287.12 	opportunity to be heard concerning the study.
287.13 	The results of a background study of a noncustodial parent
287.14 	shall not be used by the agency to determine that the parent is
287.15 	incapable of providing day-to-day care of the child unless the
287.16 	agency reasonably believes that placement of the child into the
287.17 	home of that parent would endanger the child's health, safety,
287.18 	or welfare.
287.19 	(3) If, after the provision of services following an
287.20 	out-of-home placement plan under this section, the child cannot
287.21 	return to the care of the parent from whom the child was removed
287.22 	or who had legal custody at the time the child was placed in
287.23 	foster care, the agency may petition on behalf of a noncustodial
287.24 	parent to establish legal custody with that parent under section
287.25 	260C.201, subdivision 11.  If paternity has not already been
287.26 	established, it may be established in the same proceeding in the
287.27 	manner provided for under chapter 257.
287.28 	(4) The responsible social services agency may be relieved
287.29 	of the requirement to locate and offer services to both parents
287.30 	by the juvenile court upon a finding of good cause after the
287.31 	filing of a petition under section 260C.141.
287.32 	(b) The responsible social services agency shall give
287.33 	notice to the parent or parents or guardian of each child in a
287.34 	residential facility, other than a child in placement due solely
287.35 	to that child's developmental disability or emotional
287.36 	disturbance, of the following information:
288.1 	(1) that residential care of the child may result in
288.2 	termination of parental rights or an order permanently placing
288.3 	the child out of the custody of the parent, but only after
288.4 	notice and a hearing as required under chapter 260C and the
288.5 	juvenile court rules;
288.6 	(2) time limits on the length of placement and of
288.7 	reunification services, including the date on which the child is
288.8 	expected to be returned to and safely maintained in the home of
288.9 	the parent or parents or placed for adoption or otherwise
288.10 	permanently removed from the care of the parent by court order;
288.11 	(3) the nature of the services available to the parent;
288.12 	(4) the consequences to the parent and the child if the
288.13 	parent fails or is unable to use services to correct the
288.14 	circumstances that led to the child's placement;
288.15 	(5) the first consideration for placement with relatives;
288.16 	(6) the benefit to the child in getting the child out of
288.17 	residential care as soon as possible, preferably by returning
288.18 	the child home, but if that is not possible, through a permanent
288.19 	legal placement of the child away from the parent;
288.20 	(7) when safe for the child, the benefits to the child and
288.21 	the parent of maintaining visitation with the child as soon as
288.22 	possible in the course of the case and, in any event, according
288.23 	to the visitation plan under this section; and
288.24 	(8) the financial responsibilities and obligations, if any,
288.25 	of the parent or parents for the support of the child during the
288.26 	period the child is in the residential facility.
288.27 	(c) The responsible social services agency shall inform a
288.28 	parent considering voluntary placement of a child who is not
288.29 	developmentally disabled or emotionally disturbed of the
288.30 	following information:
288.31 	(1) the parent and the child each has a right to separate
288.32 	legal counsel before signing a voluntary placement agreement,
288.33 	but not to counsel appointed at public expense;
288.34 	(2) the parent is not required to agree to the voluntary
288.35 	placement, and a parent who enters a voluntary placement
288.36 	agreement may at any time request that the agency return the
289.1 	child.  If the parent so requests, the child must be returned
289.2 	within 24 hours of the receipt of the request;
289.3 	(3) evidence gathered during the time the child is
289.4 	voluntarily placed may be used at a later time as the basis for
289.5 	a petition alleging that the child is in need of protection or
289.6 	services or as the basis for a petition seeking termination of
289.7 	parental rights or other permanent placement of the child away
289.8 	from the parent;
289.9 	(4) if the responsible social services agency files a
289.10 	petition alleging that the child is in need of protection or
289.11 	services or a petition seeking the termination of parental
289.12 	rights or other permanent placement of the child away from the
289.13 	parent, the parent would have the right to appointment of
289.14 	separate legal counsel and the child would have a right to the
289.15 	appointment of counsel and a guardian ad litem as provided by
289.16 	law, and that counsel will be appointed at public expense if
289.17 	they are unable to afford counsel; and
289.18 	(5) the timelines and procedures for review of voluntary
289.19 	placements under subdivision 3, and the effect the time spent in
289.20 	voluntary placement on the scheduling of a permanent placement
289.21 	determination hearing under section 260C.201, subdivision 11.
289.22 	(d) When an agency accepts a child for placement, the
289.23 	agency shall determine whether the child has had a physical
289.24 	examination by or under the direction of a licensed physician
289.25 	within the 12 months immediately preceding the date when the
289.26 	child came into the agency's care.  If there is documentation
289.27 	that the child has had an examination within the last 12 months,
289.28 	the agency is responsible for seeing that the child has another
289.29 	physical examination within one year of the documented
289.30 	examination and annually in subsequent years.  If the agency
289.31 	determines that the child has not had a physical examination
289.32 	within the 12 months immediately preceding placement, the agency
289.33 	shall ensure that the child has an examination within 30 days of
289.34 	coming into the agency's care and once a year in subsequent
289.35 	years.

289.36 	ARTICLE 16
290.1 	CRIMINAL SENTENCING POLICY

290.2 	Section 1. Minnesota Statutes 2004, section 244.09,
290.3 	subdivision 5, is amended to read:
290.4 		Subd. 5.Promulgation of sentencing guidelines.  The
290.5 	commission shall promulgate Sentencing Guidelines for the
290.6 	district court.  The guidelines shall be based on reasonable
290.7 	offense and offender characteristics.  The guidelines
290.8 	promulgated by the commission shall be advisory to the district
290.9 	court and shall establish:
290.10 	(1) The circumstances under which imprisonment of an
290.11 	offender is proper; and
290.12 	(2) A presumptive, fixed sentence for offenders for whom
290.13 	imprisonment is proper, based on each appropriate combination of
290.14 	reasonable offense and offender characteristics.  The guidelines
290.15 	may shall provide for an increase or of 20 percent and a 
290.16 	decrease of up to 15 percent in the presumptive, fixed sentence.
290.17 	The Sentencing Guidelines promulgated by the commission may
290.18 	also establish appropriate sanctions for offenders for whom
290.19 	imprisonment is not proper.  Any guidelines promulgated by the
290.20 	commission establishing sanctions for offenders for whom
290.21 	imprisonment is not proper shall make specific reference to
290.22 	noninstitutional sanctions, including but not limited to the
290.23 	following:  payment of fines, day fines, restitution, community
290.24 	work orders, work release programs in local facilities,
290.25 	community based residential and nonresidential programs,
290.26 	incarceration in a local correctional facility, and probation
290.27 	and the conditions thereof.
290.28 	Although the Sentencing Guidelines are advisory to the
290.29 	district court, the court shall follow the procedures of the
290.30 	guidelines when it pronounces sentence in a proceeding to which
290.31 	the guidelines apply by operation of statute.  Sentencing
290.32 	pursuant to the Sentencing Guidelines is not a right that
290.33 	accrues to a person convicted of a felony; it is a procedure
290.34 	based on state public policy to maintain uniformity,
290.35 	proportionality, rationality, and predictability in sentencing.
290.36 	In establishing and modifying the Sentencing Guidelines,
291.1 	the primary consideration of the commission shall be public
291.2 	safety.  The commission shall also consider current sentencing
291.3 	and release practices; correctional resources, including but not
291.4 	limited to the capacities of local and state correctional
291.5 	facilities; and the long-term negative impact of the crime on
291.6 	the community.
291.7 	The provisions of sections 14.001 to 14.69 do not apply to
291.8 	the promulgation of the Sentencing Guidelines, and the
291.9 	Sentencing Guidelines, including severity levels and criminal
291.10 	history scores, are not subject to review by the legislative
291.11 	commission to review administrative rules.  However, the
291.12 	commission shall adopt rules pursuant to sections 14.001 to
291.13 	14.69 which establish procedures for the promulgation of the
291.14 	Sentencing Guidelines, including procedures for the promulgation
291.15 	of severity levels and criminal history scores, and these rules
291.16 	shall be subject to review by the legislative coordinating
291.17 	commission.
291.18 	
EFFECTIVE DATE. This section is effective August 1, 2005,
291.19 	and applies to crimes committed on or after that date.

291.20 	Sec. 2. Minnesota Statutes 2004, section 244.09,
291.21 	subdivision 11, is amended to read:
291.22 		Subd. 11.Modification.  The commission shall meet as
291.23 	necessary for the purpose of modifying and improving the
291.24 	guidelines.  Any modification which amends the Sentencing
291.25 	Guidelines grid, including severity levels and criminal history
291.26 	scores, or which would result in the reduction of any sentence
291.27 	or in the early release of any inmate, with the exception of a
291.28 	modification mandated or authorized by the legislature or
291.29 	relating to a crime created or amended by the legislature in the
291.30 	preceding session, shall be submitted to the legislature by
291.31 	January 1 15 of any year in which the commission wishes to make
291.32 	the change and shall be effective on August 1 of that year,
291.33 	unless the legislature by law provides otherwise.  All other
291.34 	modifications shall take effect according to the procedural
291.35 	rules of the commission.  On or before January 1 15 of each
291.36 	year, the commission shall submit a written report to the
292.1 	committees of the senate and the house of representatives with
292.2 	jurisdiction over criminal justice policy that identifies and
292.3 	explains all modifications made during the preceding 12 months
292.4 	and all proposed modifications that are being submitted to the
292.5 	legislature that year.
292.6 	
EFFECTIVE DATE. This section is effective August 1, 2005,
292.7 	and applies to reports submitted on or after that date.

292.8 	Sec. 3. Minnesota Statutes 2004, section 244.10, is
292.9 	amended by adding a subdivision to read:
292.10 		Subd. 4.Aggravated departures. In bringing a motion for
292.11 	an aggravated sentence, the state is not limited to factors
292.12 	specified in the Sentencing Guidelines provided the state
292.13 	provides reasonable notice to the defendant and the district
292.14 	court prior to sentencing of the factors on which the state
292.15 	intends to rely.
292.16 	
EFFECTIVE DATE. This section is effective the day
292.17 	following final enactment and applies to sentencing hearings,
292.18 	resentencing hearings, and sentencing departures sought on or
292.19 	after that date.  This section expires February 1, 2007.

292.20 	Sec. 4. Minnesota Statutes 2004, section 244.10, is
292.21 	amended by adding a subdivision to read:
292.22 		Subd. 5.Procedures in cases where state intends to seek
292.23 	an aggravated departure. (a) When the prosecutor provides
292.24 	reasonable notice under subdivision 4, the district court shall
292.25 	allow the state to prove beyond a reasonable doubt to a jury of
292.26 	12 members the factors in support of the state's request for an
292.27 	aggravated departure from the Sentencing Guidelines as provided
292.28 	in paragraph (b) or (c).
292.29 	(b) The district court shall allow a unitary trial and
292.30 	final argument to a jury regarding both evidence in support of
292.31 	the elements of the offense and evidence in support of
292.32 	aggravating factors when the evidence in support of the
292.33 	aggravating factors:
292.34 	(1) would be admissible as part of the trial on the
292.35 	elements of the offense; or 
292.36 	(2) would not result in unfair prejudice to the defendant.
293.1 	The existence of each aggravating factor shall be
293.2 	determined by use of a special verdict form.
293.3 	Upon the request of the prosecutor, the court shall allow
293.4 	bifurcated argument and jury deliberations.
293.5 	(c) The district court shall bifurcate the proceedings to
293.6 	allow for the production of evidence, argument, and
293.7 	deliberations on the existence of factors in support of an
293.8 	aggravated departure after the return of a guilty verdict when
293.9 	the evidence in support of an aggravated departure:
293.10 	(1) includes evidence that is otherwise inadmissible at a
293.11 	trial on the elements of the offense; and 
293.12 	(2) would result in unfair prejudice to the defendant.
293.13 	
EFFECTIVE DATE. This section is effective the day
293.14 	following final enactment and applies to sentencing hearings,
293.15 	resentencing hearings, and sentencing departures sought on or
293.16 	after that date.  This section expires February 1, 2007.

293.17 	Sec. 5. Minnesota Statutes 2004, section 244.10, is
293.18 	amended by adding a subdivision to read:
293.19 		Subd. 6.Defendants to present evidence and argument. In
293.20 	either a unitary or bifurcated trial under subdivision 5, a
293.21 	defendant shall be allowed to present evidence and argument to
293.22 	the jury or factfinder regarding whether facts exist that would
293.23 	justify an aggravated durational departure.  A defendant is not
293.24 	allowed to present evidence or argument to the jury or
293.25 	factfinder regarding facts in support of a mitigated departure
293.26 	during the trial, but may present evidence and argument in
293.27 	support of a mitigated departure to the judge as factfinder
293.28 	during a sentencing hearing.
293.29 	
EFFECTIVE DATE. This section is effective the day
293.30 	following final enactment and applies to sentencing hearings,
293.31 	resentencing hearings, and sentencing departures sought on or
293.32 	after that date.  This section expires February 1, 2007.

293.33 	Sec. 6. Minnesota Statutes 2004, section 244.10, is
293.34 	amended by adding a subdivision to read:
293.35 		Subd. 7.Waiver of jury determination. The defendant may
293.36 	waive the right to a jury determination of whether facts exist
294.1 	that would justify an aggravated sentence.  Upon receipt of a
294.2 	waiver of a jury trial on this issue, the district court shall
294.3 	determine beyond a reasonable doubt whether the factors in
294.4 	support of the state's motion for aggravated departure exist.
294.5 	
EFFECTIVE DATE. This section is effective the day
294.6 	following final enactment and applies to sentencing hearings,
294.7 	resentencing hearings, and sentencing departures sought on or
294.8 	after that date.  This section expires February 1, 2007.

294.9 	Sec. 7. Minnesota Statutes 2004, section 244.10, is
294.10 	amended by adding a subdivision to read:
294.11 		Subd. 8.Notice of information regarding predatory
294.12 	offenders. (a) Subject to paragraph (b), in any case in which a
294.13 	person is convicted of an offense and the presumptive sentence
294.14 	under the Sentencing Guidelines is commitment to the custody of
294.15 	the commissioner of corrections, if the court grants a
294.16 	dispositional departure and stays imposition or execution of
294.17 	sentence, the probation or court services officer who is
294.18 	assigned to supervise the offender shall provide in writing to
294.19 	the following the fact that the offender is on probation and the
294.20 	terms and conditions of probation:
294.21 	(1) a victim of and any witnesses to the offense committed
294.22 	by the offender, if the victim or the witness has requested
294.23 	notice; and 
294.24 	(2) the chief law enforcement officer in the area where the
294.25 	offender resides or intends to reside.
294.26 	The law enforcement officer, in consultation with the
294.27 	offender's probation officer, may provide all or part of this
294.28 	information to any of the following agencies or groups the
294.29 	offender is likely to encounter:  public and private educational
294.30 	institutions, day care establishments, and establishments or
294.31 	organizations that primarily serve individuals likely to be
294.32 	victimized by the offender.
294.33 	The probation officer is not required under this
294.34 	subdivision to provide any notice while the offender is placed
294.35 	or resides in a residential facility that is licensed under
294.36 	section 241.021 or 245A.02, subdivision 14, if the facility
295.1 	staff is trained in the supervision of sex offenders.
295.2 	(b) Paragraph (a) applies only to offenders required to
295.3 	register under section 243.166, as a result of the conviction.
295.4 	(c) The notice authorized by paragraph (a) shall be limited
295.5 	to data classified as public under section 13.84, subdivision 6,
295.6 	unless the offender provides informed consent to authorize the
295.7 	release of nonpublic data or unless a court order authorizes the
295.8 	release of nonpublic data.
295.9 	(d) Nothing in this subdivision shall be interpreted to
295.10 	impose a duty on any person to use any information regarding an
295.11 	offender about whom notification is made under this subdivision.
295.12 	
EFFECTIVE DATE. This section is effective August 1, 2005,
295.13 	and applies to crimes committed on or after that date.

295.14 	Sec. 8. Minnesota Statutes 2004, section 244.10, is
295.15 	amended by adding a subdivision to read:
295.16 		Subd. 9.Computation of criminal history score. If the
295.17 	defendant contests the existence of or factual basis for a prior
295.18 	conviction in the calculation of the defendant's criminal
295.19 	history score, proof of it is established by competent and
295.20 	reliable evidence, including a certified court record of the
295.21 	conviction.
295.22 	
EFFECTIVE DATE. This section is effective August 1, 2005,
295.23 	and applies to crimes committed on or after that date.

295.24 	Sec. 9. Minnesota Statutes 2004, section 609.109,
295.25 	subdivision 4, is amended to read:
295.26 		Subd. 4.Mandatory 30-year sentence.  (a) The court shall
295.27 	commit a person to the commissioner of corrections for not less
295.28 	than 30 years, notwithstanding the statutory maximum sentence
295.29 	under section 609.343, if:
295.30 	(1) the person is convicted under section 609.342,
295.31 	subdivision 1, clause (c), (d), (e), or (f); or 609.343,
295.32 	subdivision 1, clause (c), (d), (e), or (f); and
295.33 	(2) the court factfinder determines on the record at the
295.34 	time of sentencing that:
295.35 	(i) the crime involved an aggravating factor that would
295.36 	provide grounds for an upward departure under the Sentencing
296.1 	Guidelines other than the aggravating factor applicable to
296.2 	repeat criminal sexual conduct convictions; and
296.3 	(ii) the person has a previous sex offense conviction under
296.4 	section 609.342, 609.343, or 609.344.
296.5 	(b) Notwithstanding subdivision 2 and sections 609.342,
296.6 	subdivision 3; and 609.343, subdivision 3, the court may not
296.7 	stay imposition or execution of the sentence required by this
296.8 	subdivision.
296.9 	
EFFECTIVE DATE. This section is effective August 1, 2005,
296.10 	and applies to crimes committed on or after that date.

296.11 	Sec. 10. Minnesota Statutes 2004, section 609.109,
296.12 	subdivision 6, is amended to read:
296.13 		Subd. 6.Minimum departure for sex offenders.  The court
296.14 	shall sentence a person to at least twice the presumptive
296.15 	sentence recommended by the Sentencing Guidelines if:
296.16 	(1) the person is convicted under section 609.342,
296.17 	subdivision 1, clause (c), (d), (e), or (f); 609.343,
296.18 	subdivision 1, clause (c), (d), (e), or (f); or 609.344,
296.19 	subdivision 1, clause (c) or (d); and
296.20 	(2) the court factfinder determines on the record at the
296.21 	time of sentencing that the crime involved an aggravating factor
296.22 	that would provide grounds for an upward departure under the
296.23 	Sentencing Guidelines.
296.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
296.25 	and applies to crimes committed on or after that date.

296.26 	Sec. 11. Minnesota Statutes 2004, section 609.1095,
296.27 	subdivision 2, is amended to read:
296.28 		Subd. 2.Increased sentences for dangerous offender who
296.29 	commits a third violent crime.  Whenever a person is convicted
296.30 	of a violent crime that is a felony, and the judge is imposing
296.31 	an executed sentence based on a Sentencing Guidelines
296.32 	presumptive imprisonment sentence, the judge may impose an
296.33 	aggravated durational departure from the presumptive
296.34 	imprisonment sentence up to the statutory maximum sentence if
296.35 	the offender was at least 18 years old at the time the felony
296.36 	was committed, and:
297.1 	(1) the court determines on the record at the time of
297.2 	sentencing that the offender has two or more prior convictions
297.3 	for violent crimes; and
297.4 	(2) the court finds factfinder determines that the offender
297.5 	is a danger to public safety and specifies on the record the
297.6 	basis for the finding, which may include:.  The factfinder may
297.7 	base its determination that the offender is a danger to public
297.8 	safety on the following factors:
297.9 	(i) the offender's past criminal behavior, such as the
297.10 	offender's high frequency rate of criminal activity or juvenile
297.11 	adjudications, or long involvement in criminal activity
297.12 	including juvenile adjudications; or
297.13 	(ii) the fact that the present offense of conviction
297.14 	involved an aggravating factor that would justify a durational
297.15 	departure under the Sentencing Guidelines.
297.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
297.17 	and applies to crimes committed on or after that date.

297.18 	Sec. 12. Minnesota Statutes 2004, section 609.1095,
297.19 	subdivision 4, is amended to read:
297.20 		Subd. 4.Increased sentence for offender who commits a
297.21 	sixth felony.  Whenever a person is convicted of a felony, and
297.22 	the judge is imposing an executed sentence based on a Sentencing
297.23 	Guidelines presumptive imprisonment sentence, the judge may
297.24 	impose an aggravated durational departure from the presumptive
297.25 	sentence up to the statutory maximum sentence if the judge finds
297.26 	and specifies on the record factfinder determines that the
297.27 	offender has five or more prior felony convictions and that the
297.28 	present offense is a felony that was committed as part of a
297.29 	pattern of criminal conduct.
297.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
297.31 	and applies to crimes committed on or after that date.

297.32 	Sec. 13. REVISOR INSTRUCTION.
 297.33 	The revisor of statutes is instructed to include a
297.34 	reference next to the repealer of Minnesota Statutes, section
297.35 	244.10, subdivisions 2a and 3, to inform the reader that the
297.36 	subdivisions have been renumbered and to include the new
298.1 	subdivision numbers.

298.2 	EFFECTIVE DATE. This section is effective August 1, 2005.

298.3 	Sec. 14. CERTAIN MINNESOTA SENTENCING GUIDELINES
298.4 	COMMISSION RECOMMENDATIONS ADOPTED; OTHERS REJECTED.
 298.5 	The following modifications proposed by the Minnesota
298.6 	Sentencing Guidelines Commission in its January 2005 report to
298.7 	the legislature are adopted and take effect on August 1, 2005:
298.8 	(1) those described as A. and B. in "I.  Modifications
298.9 	Related to Blakely Decision" on pages 11 to 17 of the report;
298.10 	and 
298.11 	(2) those described as "II.  Other Adopted Modifications"
298.12 	on page 19 of the report.
298.13 	The following modifications are rejected and do not go into
298.14 	effect:
298.15 	(1) those described as C. in "I. Modifications Related to
298.16 	Blakely Decision" on pages 17 and 18 of the report; and 
298.17 	(2) those described as "III.  Adopted Modifications Related
298.18 	to Sex Offenses" on pages 20 to 42 of the report.

298.19 	EFFECTIVE DATE. This section is effective the day
298.20 	following final enactment.

298.21 	Sec. 15. INSTRUCTION TO SENTENCING GUIDELINES
298.22 	COMMISSION.
 298.23 	The Sentencing Guidelines Commission shall make changes to
298.24 	the sentencing range within individual cells in the sentencing
298.25 	grid consistent with the changes made in section 1.

298.26 	EFFECTIVE DATE. This section is effective the day
298.27 	following final enactment.

298.28 	Sec. 16. REPEALER.
 298.29 	Minnesota Statutes 2004, section 244.10, subdivisions 2a
298.30 	and 3, are repealed.

298.31 	EFFECTIVE DATE. This section is effective August 1, 2005.

298.32 	ARTICLE 17
298.33 	GENERAL CRIMINAL PROVISIONS

298.34 	Section 1. Minnesota Statutes 2004, section 152.02,
298.35 	subdivision 4, is amended to read:
298.36 		Subd. 4.Schedule iii.  The following items are listed in
299.1 	Schedule III:
299.2 	(1) Any material, compound, mixture, or preparation which
299.3 	contains any quantity of Amphetamine, its salts, optical
299.4 	isomers, and salts of its optical isomers; Phenmetrazine and its
299.5 	salts; Methamphetamine, its salts, isomers, and salts of
299.6 	isomers; Methylphenidate; and which is required by federal law
299.7 	to be labeled with the symbol prescribed by 21 Code of Federal
299.8 	Regulations Section 1302.03 and in effect on February 1, 1976
299.9 	designating that the drug is listed as a Schedule III controlled
299.10 	substance under federal law.
299.11 	(2) Any material, compound, mixture, or preparation which
299.12 	contains any quantity of the following substances having a
299.13 	potential for abuse associated with a depressant effect on the
299.14 	central nervous system:
299.15 	(a) Any compound, mixture, or preparation containing
299.16 	amobarbital, secobarbital, pentobarbital or any salt thereof and
299.17 	one or more other active medicinal ingredients which are not
299.18 	listed in any schedule.
299.19 	(b) Any suppository dosage form containing amobarbital,
299.20 	secobarbital, pentobarbital, or any salt of any of these drugs
299.21 	and approved by the food and drug administration for marketing
299.22 	only as a suppository.
299.23 	(c) Any substance which contains any quantity of a
299.24 	derivative of barbituric acid, or any salt of a derivative of
299.25 	barbituric acid, except those substances which are specifically
299.26 	listed in other schedules:  Chlorhexadol; Glutethimide; Lysergic
299.27 	acid; Lysergic acid amide; Methyprylon; Sulfondiethylmethane;
299.28 	Sulfonethylmethane; Sulfonmethane.
299.29 	(d) Gamma hydroxybutyrate, any salt, compound, derivative,
299.30 	or preparation of gamma hydroxybutyrate, including any isomers,
299.31 	esters, and ethers and salts of isomers, esters, and ethers of
299.32 	gamma hydroxybutyrate whenever the existence of such isomers,
299.33 	esters, and salts is possible within the specific chemical
299.34 	designation.
299.35 	(3) Any material, compound, mixture, or preparation which
299.36 	contains any quantity of the following substances having a
300.1 	potential for abuse associated with a stimulant effect on the
300.2 	central nervous system:
300.3 	(a) Benzphetamine
300.4 	(b) Chlorphentermine
300.5 	(c) Clortermine
300.6 	(d) Mazindol
300.7 	(e) Phendimetrazine.
300.8 	(4) Nalorphine.
300.9 	(5) Any material, compound, mixture, or preparation
300.10 	containing limited quantities of any of the following narcotic
300.11 	drugs, or any salts thereof:
300.12 	(a) Not more than 1.80 grams of codeine per 100
300.13 	milliliters or not more than 90 milligrams per dosage unit, with
300.14 	an equal or greater quantity of an isoquinoline alkaloid of
300.15 	opium.
300.16 	(b) Not more than 1.80 grams of codeine per 100
300.17 	milliliters or not more than 90 milligrams per dosage unit, with
300.18 	one or more active, nonnarcotic ingredients in recognized
300.19 	therapeutic amounts.
300.20 	(c) Not more than 300 milligrams of dihydrocodeinone per
300.21 	100 milliliters or not more than 15 milligrams per dosage unit,
300.22 	with a fourfold or greater quantity of an isoquinoline alkaloid
300.23 	of opium.
300.24 	(d) Not more than 300 milligrams of dihydrocodeinone per
300.25 	100 milliliters or not more than 15 milligrams per dosage unit,
300.26 	with one or more active, nonnarcotic ingredients in recognized
300.27 	therapeutic amounts.
300.28 	(e) Not more than 1.80 grams of dihydrocodeine per 100
300.29 	milliliters or not more than 90 milligrams per dosage unit, with
300.30 	one or more active, nonnarcotic ingredients in recognized
300.31 	therapeutic amounts.
300.32 	(f) Not more than 300 milligrams of ethylmorphine per 100
300.33 	milliliters or not more than 15 milligrams per dosage unit, with
300.34 	one or more active, nonnarcotic ingredients in recognized
300.35 	therapeutic amounts.
300.36 	(g) Not more than 500 milligrams of opium per 100
301.1 	milliliters or per 100 grams, or not more than 25 milligrams per
301.2 	dosage unit, with one or more active, nonnarcotic ingredients in
301.3 	recognized therapeutic amounts.
301.4 	(h) Not more than 50 milligrams of morphine per 100
301.5 	milliliters or per 100 grams with one or more active,
301.6 	nonnarcotic ingredients in recognized therapeutic amounts.
301.7 	(6) Anabolic steroids, which, for purposes of this
301.8 	subdivision, means any drug or hormonal substance, chemically
301.9 	and pharmacologically related to testosterone, other than
301.10 	estrogens, progestins, corticosteroids, and
301.11 	dehydroepiandrosterone, and includes:  androstanediol;
301.12 	androstanedione; androstenediol; androstenedione; bolasterone;
301.13 	boldenone; calusterone; chlorotestosterone; chorionic
301.14 	gonadotropin; clostebol; dehydrochloromethyltestosterone;
301.15 	(triangle)1-dihydrotestosterone; 4-dihydrotestosterone;
301.16 	drostanolone; ethylestrenol; fluoxymesterone; formebolone;
301.17 	furazabol; human growth hormones;
301.18 	13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone;
301.19 	4-hydroxy-19-nortestosterone; mestanolone; mesterolone;
301.20 	methandienone; methandranone; methandriol; methandrostenolone;
301.21 	methenolone; 17a-methyl-3b, 17b-dihydroxy-5a-androstane;
301.22 	17a-methyl-3a, 17b-dihydroxy-5a-androstane; 17a-methyl-3b,
301.23 	17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone;
301.24 	methyldienolone; methyltrienolone; methyltestosterone;
301.25 	mibolerone; 17a-methyl-(triangle)1-dihydrotestosterone;
301.26 	nandrolone; nandrolone phenpropionate; norandrostenediol;
301.27 	norandrostenedione; norbolethone; norclostebol; norethandrolone;
301.28 	normethandrolone; oxandrolone; oxymesterone; oxymetholone;
301.29 	stanolone; stanozolol; stenbolone; testolactone; testosterone;
301.30 	testosterone propionate; tetrahydrogestrinone; trenbolone; and
301.31 	any salt, ester, or ether of a drug or substance described in
301.32 	this paragraph.  Anabolic steroids are not included if they
301.33 	are:  (i) expressly intended for administration through implants
301.34 	to cattle or other nonhuman species; and (ii) approved by the
301.35 	United States Food and Drug Administration for that use.
301.36 	
EFFECTIVE DATE. This section is effective August 1, 2005,
302.1 	and applies to crimes committed on or after that date.

302.2 	Sec. 2. Minnesota Statutes 2004, section 152.02,
302.3 	subdivision 5, is amended to read:
302.4 		Subd. 5.Schedule iv. (a) The following items are listed
302.5 	in Schedule IV: Anabolic substances;Barbital; Butorphanol;
302.6 	Carisoprodol; Chloral betaine; Chloral hydrate;
302.7 	Chlordiazepoxide; Clonazepam; Clorazepate; Diazepam;
302.8 	Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine;
302.9 	Flurazepam; Mebutamate; Methohexital; Meprobamate except when in
302.10 	combination with the following drugs in the following or lower
302.11 	concentrations:  conjugated estrogens, 0.4 mg; tridihexethyl
302.12 	chloride, 25mg; pentaerythritol tetranitrate, 20 mg;
302.13 	Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline;
302.14 	Petrichloral; Phenobarbital; and Phentermine.
302.15 	(b) For purposes of this subdivision, "anabolic substances"
302.16 	means the naturally occurring androgens or derivatives of
302.17 	androstane (androsterone and testosterone); testosterone and its
302.18 	esters, including, but not limited to, testosterone propionate,
302.19 	and its derivatives, including, but not limited to,
302.20 	methyltestosterone and growth hormones, except that anabolic
302.21 	substances are not included if they are:  (1) expressly intended
302.22 	for administration through implants to cattle or other nonhuman
302.23 	species; and (2) approved by the United States Food and Drug
302.24 	Administration for that use.
302.25 	
EFFECTIVE DATE. This section is effective August 1, 2005,
302.26 	and applies to crimes committed on or after that date.

302.27 	Sec. 3. [171.175] SUSPENSION; THEFT OF GASOLINE OFFENSE.
302.28 		Subdivision 1.Theft of gasoline. The commissioner of
302.29 	public safety shall suspend for 30 days the license of any
302.30 	person convicted or juvenile adjudicated delinquent for theft of
302.31 	gasoline under section 609.52, subdivision 2, clause (1).
302.32 		Subd. 2.Definition. For the purposes of this section,
302.33 	"gasoline" has the meaning given it in section 296A.01,
302.34 	subdivision 23.
302.35 	
EFFECTIVE DATE. This section is effective August 1, 2005,
302.36 	and applies to crimes committed on or after that date.

303.1 	Sec. 4. Minnesota Statutes 2004, section 343.31, is
303.2 	amended to read:
303.3 	343.31 ANIMAL FIGHTS PROHIBITED AND POSSESSION OF FIGHTING
303.4 	ANIMALS.
303.5 		Subdivision 1.Penalty for animal fighting; attending
303.6 	animal fight. Any A person who:
303.7 	(1) promotes or ,engages in, or is employed at in the
303.8 	activity of cockfighting, dogfighting, or violent pitting of one
303.9 	domestic animal against another of the same or a different kind;
303.10 	or 
303.11 	(2) receives money for the admission of any a person to any 
303.12 	a place used, or about to be used, for that activity; or 
303.13 	(3) willfully permits any a person to enter or use for that
303.14 	activity premises of which the permitter is the owner, agent, or
303.15 	occupant; or
303.16 	(4) uses, trains,or possesses a dog or other animal for
303.17 	the purpose of participating in, engaging in,or promoting that
303.18 	activity
303.19 	is guilty of a felony. Any A person who purchases a ticket of
303.20 	admission or otherwise gains admission to that activity is
303.21 	guilty of a misdemeanor.
303.22 		Subd. 2.Presumption of training a fighting dog. There
303.23 	is a rebuttable presumption that a dog has been trained or is
303.24 	being trained to fight if:
303.25 	(1) the dog exhibits fresh wounds, scarring, or other
303.26 	indications that the dog has been or will be used for fighting;
303.27 	and 
303.28 	(2) the person possesses training apparatus, paraphernalia,
303.29 	or drugs known to be used to prepare dogs to be fought.
303.30 	This presumption may be rebutted by a preponderance of the
303.31 	evidence.
303.32 		Subd. 3.Presumption of training fighting birds. There
303.33 	is a rebuttable presumption that a bird has been trained or is
303.34 	being trained to fight if:
303.35 	(1) the bird exhibits fresh wounds, scarring, or other
303.36 	indications that the bird has been or will be used for fighting;
304.1 	or 
304.2 	(2) the person possesses training apparatus, paraphernalia,
304.3 	or drugs known to be used to prepare birds to be fought.
304.4 	This presumption may be rebutted by a preponderance of the
304.5 	evidence.
304.6 		Subd. 4.Peace officer duties. Animals described in
304.7 	subdivisions 2 and 3 are dangerous weapons and constitute an
304.8 	immediate danger to the safety of humans.  A peace officer or
304.9 	animal control authority may remove, shelter, and care for an
304.10 	animal found in the circumstances described in subdivision 2 or
304.11 	3.  If necessary, a peace officer or animal control authority
304.12 	may deliver the animal to another person to be sheltered and
304.13 	cared for.  In all cases, the peace officer or animal control
304.14 	authority must immediately notify the owner, if known, as
304.15 	provided in subdivision 5.  The peace officer, animal control
304.16 	authority, or other person assuming care of the animal shall
304.17 	have a lien on it for the actual cost of care and keeping of the
304.18 	animal.  If the owner or custodian is unknown and cannot by
304.19 	reasonable effort be ascertained, or does not, within ten days
304.20 	after notice, redeem the animal by paying the expenses
304.21 	authorized by this subdivision, the animal may be disposed of as
304.22 	provided in subdivision 5.
304.23 		Subd. 5.Disposition. (a) An animal taken into custody
304.24 	under subdivision 4 may be humanely disposed of at the
304.25 	discretion of the jurisdiction having custody of the animal ten
304.26 	days after the animal is taken into custody, if the procedures
304.27 	in paragraph (c) are followed.
304.28 	(b) The owner of an animal taken into custody under
304.29 	subdivision 4 may prevent disposition of the animal by posting
304.30 	security in an amount sufficient to provide for the actual costs
304.31 	of care and keeping of the animal.  The security must be posted
304.32 	within ten days of the seizure inclusive of the date of the
304.33 	seizure.  If, however, a hearing is scheduled within ten days of
304.34 	the seizure, the security amount must be posted prior to the
304.35 	hearing.
304.36 	(c)(1) The authority taking custody of an animal under
305.1 	subdivision 4 must give notice of this section by delivering or
305.2 	mailing it to the owner of the animal, posting a copy of it at
305.3 	the place where the animal is taken into custody, or delivering
305.4 	it to a person residing on the property and telephoning, if
305.5 	possible.  The notice must include:
305.6 	(i) a description of the animal seized; the authority and
305.7 	purpose for the seizure; the time, place, and circumstances
305.8 	under which the animal was seized; and the location, address,
305.9 	and telephone number of a contact person who knows where the
305.10 	animal is kept;
305.11 	(ii) a statement that the owner of the animal may post
305.12 	security to prevent disposition of the animal and may request a
305.13 	hearing concerning the seizure and impoundment and that failure
305.14 	to do so within ten days of the date of the notice will result
305.15 	in disposition of the animal; and 
305.16 	(iii) a statement that all actual costs of the care,
305.17 	keeping, and disposal of the animal are the responsibility of
305.18 	the owner of the animal, except to the extent that a court or
305.19 	hearing officer finds that the seizure or impoundment was not
305.20 	substantially justified by law.  The notice must also include a
305.21 	form that can be used by a person claiming an interest in the
305.22 	animal for requesting a hearing.
305.23 	(2) The owner may request a hearing within ten days of the
305.24 	date of the seizure.  If requested, a hearing must be held
305.25 	within five business days of the request to determine the
305.26 	validity of the impoundment.  The municipality taking custody of
305.27 	the animal or the municipality from which the animal was seized
305.28 	may either (i) authorize a licensed veterinarian with no
305.29 	financial interest in the matter or professional association
305.30 	with either party, or (ii) use the services of a hearing officer
305.31 	to conduct the hearing.  An owner may appeal the hearing
305.32 	officer's decision to the district court within five days of the
305.33 	notice of the decision.
305.34 	(3) The judge or hearing officer may authorize the return
305.35 	of the animal if the judge or hearing officer finds that (i) the
305.36 	animal is physically fit; (ii) the person claiming an interest
306.1 	in the animal can and will provide the care required by law for
306.2 	the animal; and (iii) the animal has not been used for violent
306.3 	pitting or fighting.
306.4 	(4) The person claiming an interest in the animal is liable
306.5 	for all actual costs of care, keeping, and disposal of the
306.6 	animal, except to the extent that a court or hearing officer
306.7 	finds that the seizure or impoundment was not substantially
306.8 	justified by law.  The costs must be paid in full or a mutually
306.9 	satisfactory arrangement for payment must be made between the
306.10 	municipality and the person claiming an interest in the animal
306.11 	before the return of the animal to the person.
306.12 		Subd. 6.Photographs. (a) Photographs of animals seized
306.13 	during an investigation are competent evidence if the
306.14 	photographs are admissible into evidence under all the rules of
306.15 	law governing the admissibility of photographs into evidence.  A
306.16 	satisfactorily identified photographic record is as admissible
306.17 	in evidence as the animal itself.
306.18 	(b) A photograph must be accompanied by a written
306.19 	description of the animals seized, the name of the owner of the
306.20 	animals seized, the date of the photograph, and the name,
306.21 	address, organization, and signature of the photographer.
306.22 		Subd. 7.Veterinary investigative report. (a) A report
306.23 	completed by a Minnesota licensed veterinarian following an
306.24 	examination of an animal seized during an investigation is
306.25 	competent evidence.  A satisfactorily identified veterinary
306.26 	investigative report is as admissible in evidence as the animal
306.27 	itself.
306.28 	(b) The veterinary investigative report may contain a
306.29 	written description of the animal seized, the medical evaluation
306.30 	of the physical findings, the prognosis for recovery, and the
306.31 	date of the examination and must contain the name, address,
306.32 	veterinary clinic, and signature of the veterinarian performing
306.33 	the examination.
306.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
306.35 	and applies to crimes committed on or after that date.

306.36 	Sec. 5. Minnesota Statutes 2004, section 518B.01,
307.1 	subdivision 22, is amended to read:
307.2 		Subd. 22.violation of a domestic abuse no contact
307.3 	order.  (a) A domestic abuse no contact order is an order issued
307.4 	by a court against a defendant in a criminal proceeding for:
307.5 	(1) domestic abuse;
307.6 	(2) harassment or stalking charged under section 609.749
307.7 	and committed against a family or household member;
307.8 	(3) violation of an order for protection charged under
307.9 	subdivision 14; or 
307.10 	(4) violation of a prior domestic abuse no contact order
307.11 	charged under this subdivision.
307.12 	It includes pretrial orders before final disposition of the case
307.13 	and probationary orders after sentencing.
307.14 	(b) A person who knows of the existence of a domestic abuse
307.15 	no contact order issued against the person and violates the
307.16 	order is guilty of a misdemeanor.
307.17 	(c) A peace officer shall arrest without a warrant and take
307.18 	into custody a person whom the peace officer has probable cause
307.19 	to believe has violated a domestic abuse no contact order, even
307.20 	if the violation of the order did not take place in the presence
307.21 	of the peace officer, if the existence of the order can be
307.22 	verified by the officer.  The person shall be held in custody
307.23 	for at least 36 hours, excluding the day of arrest, Sundays, and
307.24 	holidays, unless the person is released earlier by a judge or
307.25 	judicial officer.  A peace officer acting in good faith and
307.26 	exercising due care in making an arrest pursuant to this
307.27 	paragraph is immune from civil liability that might result from
307.28 	the officer's actions.
307.29 	
EFFECTIVE DATE. This section is effective August 1, 2005.

307.30 	Sec. 6. Minnesota Statutes 2004, section 604.15,
307.31 	subdivision 2, is amended to read:
307.32 		Subd. 2.Acts constituting.  (a) The owner of a vehicle
307.33 	that receives motor fuel that was not paid for is liable to the
307.34 	retailer for the price of the motor fuel received and a service
307.35 	charge of up to $20, or the actual costs of collection not to
307.36 	exceed $30.  This charge may be imposed immediately upon the
308.1 	mailing of the notice under subdivision 3, if notice of the
308.2 	service charge was conspicuously displayed on the premises from
308.3 	which the motor fuel was received.  The notice must include a
308.4 	statement that additional civil penalties will be imposed if
308.5 	payment is not received within 30 days.  Only one service charge
308.6 	may be imposed under this paragraph for each incident. If a law
308.7 	enforcement agency obtains payment for the motor fuel on behalf
308.8 	of the retailer, the service charge may be retained by the law
308.9 	enforcement agency for its expenses.
308.10 	(b) If the price of the motor fuel received is not paid
308.11 	within 30 days after the retailer has mailed notice under
308.12 	subdivision 3, the owner is liable to the retailer for the price
308.13 	of the motor fuel received, the service charge as provided in
308.14 	paragraph (a), plus a civil penalty not to exceed $100 or the
308.15 	price of the motor fuel, whichever is greater. In determining
308.16 	the amount of the penalty, the court shall consider the amount
308.17 	of the fuel taken and the reason for the nonpayment.  The
308.18 	retailer shall also be entitled to:
308.19 	(1) interest at the legal rate for judgments under section
308.20 	549.09 from the date of nonpayment; and 
308.21 	(2) reasonable attorney fees, but not to exceed $500.
308.22 	The civil penalty may not be imposed until 30 days after
308.23 	the mailing of the notice under subdivision 3.
308.24 	
EFFECTIVE DATE. This section is effective July 1, 2005,
308.25 	and applies to acts committed on or after that date.

308.26 	Sec. 7. Minnesota Statutes 2004, section 604.15, is
308.27 	amended by adding a subdivision to read:
308.28 		Subd. 5.Not a bar to criminal liability. Civil
308.29 	liability under this section does not preclude criminal
308.30 	liability under applicable law.
308.31 	
EFFECTIVE DATE. This section is effective the day
308.32 	following final enactment.

308.33 	Sec. 8. Minnesota Statutes 2004, section 609.02,
308.34 	subdivision 16, is amended to read:
308.35 		Subd. 16.Qualified domestic violence-related offense.
 308.36 	"Qualified domestic violence-related offense" includes the
309.1 	following offenses:  sections 518B.01, subdivision 14 (violation
309.2 	of domestic abuse order for protection); 609.221 (first-degree
309.3 	assault); 609.222 (second-degree assault); 609.223 (third-degree
309.4 	assault); 609.2231 (fourth-degree assault); 609.224
309.5 	(fifth-degree assault); 609.2242 (domestic assault); 609.2247
309.6 	(domestic assault by strangulation);609.342 (first-degree
309.7 	criminal sexual conduct); 609.343 (second-degree criminal sexual
309.8 	conduct); 609.344 (third-degree criminal sexual conduct);
309.9 	609.345 (fourth-degree criminal sexual conduct); 609.377
309.10 	(malicious punishment of a child); 609.713 (terroristic
309.11 	threats); 609.748, subdivision 6 (violation of harassment
309.12 	restraining order); and 609.749 (harassment/stalking); and
309.13 	similar laws of other states, the United States, the District of
309.14 	Columbia, tribal lands, and United States territories.
309.15 	
EFFECTIVE DATE. This section is effective August 1, 2005,
309.16 	and applies to crimes committed on or after that date.

309.17 	Sec. 9. Minnesota Statutes 2004, section 609.106,
309.18 	subdivision 2, is amended to read:
309.19 		Subd. 2.Life without release.  The court shall sentence
309.20 	a person to life imprisonment without possibility of release
309.21 	under the following circumstances:
309.22 	(1) the person is convicted of first degree murder under
309.23 	section 609.185, paragraph (a), clause (1),(2), (4), or (7);
309.24 	(2) the person is convicted of committing first degree
309.25 	murder in the course of a kidnapping under section 609.185,
309.26 	clause (3); or
309.27 	(3) the person is convicted of first degree murder under
309.28 	section 609.185, clause (1),(3), (5), or (6), and the court
309.29 	determines on the record at the time of sentencing that the
309.30 	person has one or more previous convictions for a heinous crime.
309.31 	
EFFECTIVE DATE. This section is effective August 1, 2005,
309.32 	and applies to crimes committed on or after that date.

309.33 	Sec. 10. Minnesota Statutes 2004, section 609.185, is
309.34 	amended to read:
309.35 	609.185 MURDER IN THE FIRST DEGREE.
309.36 	(a) Whoever does any of the following is guilty of murder
310.1 	in the first degree and shall be sentenced to imprisonment for
310.2 	life:
310.3 	(1) causes the death of a human being with premeditation
310.4 	and with intent to effect the death of the person or of another;
310.5 	(2) causes the death of a human being while committing or
310.6 	attempting to commit criminal sexual conduct in the first or
310.7 	second degree with force or violence, either upon or affecting
310.8 	the person or another;
310.9 	(3) causes the death of a human being with intent to effect
310.10 	the death of the person or another, while committing or
310.11 	attempting to commit burglary, aggravated robbery, kidnapping,
310.12 	arson in the first or second degree, a drive-by shooting,
310.13 	tampering with a witness in the first degree, escape from
310.14 	custody, or any felony violation of chapter 152 involving the
310.15 	unlawful sale of a controlled substance;
310.16 	(4) causes the death of a peace officer or a guard employed
310.17 	at a Minnesota state or local correctional facility, with intent
310.18 	to effect the death of that person or another, while the peace
310.19 	officer or guard is engaged in the performance of official
310.20 	duties;
310.21 	(5) causes the death of a minor while committing child
310.22 	abuse, when the perpetrator has engaged in a past pattern of
310.23 	child abuse upon the a child and the death occurs under
310.24 	circumstances manifesting an extreme indifference to human life;
310.25 	(6) causes the death of a human being while committing
310.26 	domestic abuse, when the perpetrator has engaged in a past
310.27 	pattern of domestic abuse upon the victim or upon another family
310.28 	or household member and the death occurs under circumstances
310.29 	manifesting an extreme indifference to human life; or
310.30 	(7) causes the death of a human being while committing,
310.31 	conspiring to commit, or attempting to commit a felony crime to
310.32 	further terrorism and the death occurs under circumstances
310.33 	manifesting an extreme indifference to human life.
310.34 	(b) For purposes of paragraph (a), clause (5), "child abuse"
310.35 	means an act committed against a minor victim that constitutes a
310.36 	violation of the following laws of this state or any similar
311.1 	laws of the United States or any other state:  section 609.221;
311.2 	609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344;
311.3 	609.345; 609.377; 609.378; or 609.713.
311.4 	(c) For purposes of paragraph (a), clause (6), "domestic
311.5 	abuse" means an act that:
311.6 	(1) constitutes a violation of section 609.221, 609.222,
311.7 	609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345,
311.8 	609.713, or any similar laws of the United States or any other
311.9 	state; and
311.10 	(2) is committed against the victim who is a family or
311.11 	household member as defined in section 518B.01, subdivision 2,
311.12 	paragraph (b).
311.13 	(d) For purposes of paragraph (a), clause (7), "further
311.14 	terrorism" has the meaning given in section 609.714, subdivision
311.15 	1.

311.16 	EFFECTIVE DATE. This section is effective the day
311.17 	following final enactment and applies to crimes committed on or
311.18 	after that date.

311.19 	Sec. 11. Minnesota Statutes 2004, section 609.2231, is
311.20 	amended by adding a subdivision to read:
311.21 		Subd. 3a.Secure treatment facility personnel. (a) As
311.22 	used in this subdivision, "secure treatment facility" has the
311.23 	meaning given in section 253B.02, subdivision 18a.
311.24 	(b) Whoever, while committed under section 253B.185 or
311.25 	Minnesota Statutes 1992, section 526.10, commits either of the
311.26 	following acts against an employee or other individual who
311.27 	provides care or treatment at a secure treatment facility while
311.28 	the person is engaged in the performance of a duty imposed by
311.29 	law, policy, or rule is guilty of a felony and may be sentenced
311.30 	to imprisonment for not more than two years or to payment of a
311.31 	fine of not more than $4,000, or both:
311.32 	(1) assaults the person and inflicts demonstrable bodily
311.33 	harm; or 
311.34 	(2) intentionally throws or otherwise transfers bodily
311.35 	fluids or feces at or onto the person.
311.36 	(c) The court shall commit a person convicted of violating
312.1 	paragraph (b) to the custody of the commissioner of corrections
312.2 	for not less than a year and a day.  The court may not, on its
312.3 	own motion or the prosecutor's motion, sentence a person without
312.4 	regard to this paragraph.  A person convicted and sentenced as
312.5 	required by this paragraph is not eligible for probation,
312.6 	parole, discharge, work release, or supervised release, until
312.7 	that person has served the full term of imprisonment as provided
312.8 	by law, notwithstanding the provisions of sections 241.26,
312.9 	242.19, 243.05, 244.04, 609.12, and 609.135.
312.10 	(d) Notwithstanding the statutory maximum sentence provided
312.11 	in paragraph (b), when a court sentences a person to the custody
312.12 	of the commissioner of corrections for a violation of paragraph
312.13 	(b), the court shall provide that after the person has completed
312.14 	the sentence imposed, the commissioner shall place the person on
312.15 	conditional release for five years.  The terms of conditional
312.16 	release are governed by sections 244.05 and 609.109.
312.17 	
EFFECTIVE DATE. This section is effective August 1, 2005,
312.18 	and applies to crimes committed on or after that date.

312.19 	Sec. 12. Minnesota Statutes 2004, section 609.2242,
312.20 	subdivision 3, is amended to read:
312.21 		Subd. 3.Domestic assaults; firearms.  (a) When a person
312.22 	is convicted of a violation of this section or section 609.221,
312.23 	609.222, 609.223, or 609.224, or 609.2247,the court shall
312.24 	determine and make written findings on the record as to whether:
312.25 	(1) the assault was committed against a family or household
312.26 	member, as defined in section 518B.01, subdivision 2;
312.27 	(2) the defendant owns or possesses a firearm; and
312.28 	(3) the firearm was used in any way during the commission
312.29 	of the assault.
312.30 	(b) If the court determines that the assault was of a
312.31 	family or household member, and that the offender owns or
312.32 	possesses a firearm and used it in any way during the commission
312.33 	of the assault, it shall order that the firearm be summarily
312.34 	forfeited under section 609.5316, subdivision 3.
312.35 	(c) When a person is convicted of assaulting a family or
312.36 	household member and is determined by the court to have used a
313.1 	firearm in any way during commission of the assault, the court
313.2 	may order that the person is prohibited from possessing any type
313.3 	of firearm for any period longer than three years or for the
313.4 	remainder of the person's life.  A person who violates this
313.5 	paragraph is guilty of a gross misdemeanor.  At the time of the
313.6 	conviction, the court shall inform the defendant whether and for
313.7 	how long the defendant is prohibited from possessing a firearm
313.8 	and that it is a gross misdemeanor to violate this paragraph.
313.9 	The failure of the court to provide this information to a
313.10 	defendant does not affect the applicability of the firearm
313.11 	possession prohibition or the gross misdemeanor penalty to that
313.12 	defendant.
313.13 	(d) Except as otherwise provided in paragraph (c), when a
313.14 	person is convicted of a violation of this section or section
313.15 	609.224 and the court determines that the victim was a family or
313.16 	household member, the court shall inform the defendant that the
313.17 	defendant is prohibited from possessing a pistol for three years
313.18 	from the date of conviction and that it is a gross misdemeanor
313.19 	offense to violate this prohibition.  The failure of the court
313.20 	to provide this information to a defendant does not affect the
313.21 	applicability of the pistol possession prohibition or the gross
313.22 	misdemeanor penalty to that defendant.
313.23 	(e) Except as otherwise provided in paragraph (c), a person
313.24 	is not entitled to possess a pistol if the person has been
313.25 	convicted after August 1, 1992, of domestic assault under this
313.26 	section or assault in the fifth degree under section 609.224 and
313.27 	the assault victim was a family or household member as defined
313.28 	in section 518B.01, subdivision 2, unless three years have
313.29 	elapsed from the date of conviction and, during that time, the
313.30 	person has not been convicted of any other violation of this
313.31 	section or section 609.224.  Property rights may not be abated
313.32 	but access may be restricted by the courts.  A person who
313.33 	possesses a pistol in violation of this paragraph is guilty of a
313.34 	gross misdemeanor.
313.35 	
EFFECTIVE DATE. This section is effective August 1, 2005,
313.36 	and applies to crimes committed on or after that date.

314.1 	Sec. 13. [609.2247] DOMESTIC ASSAULT BY STRANGULATION.
314.2 		Subdivision 1.Definitions. (a) As used in this section,
314.3 	the following terms have the meanings given.
314.4 	(b) "Family or household members" has the meaning given in
314.5 	section 518B.01, subdivision 2.
314.6 	(c) "Strangulation" means intentionally impeding normal
314.7 	breathing or circulation of the blood by applying pressure on
314.8 	the throat or neck or by blocking the nose or mouth of another
314.9 	person.
314.10 		Subd. 2.Crime. Unless a greater penalty is provided
314.11 	elsewhere, whoever assaults a family or household member by
314.12 	strangulation is guilty of a felony and may be sentenced to
314.13 	imprisonment for not more than three years or to payment of a
314.14 	fine of not more than $5,000, or both.
314.15 	
EFFECTIVE DATE. This section is effective August 1, 2005,
314.16 	and applies to crimes committed on or after that date.

314.17 	Sec. 14. Minnesota Statutes 2004, section 609.229,
314.18 	subdivision 3, is amended to read:
314.19 		Subd. 3.Penalty.  (a) If the crime committed in
314.20 	violation of subdivision 2 is a felony, the statutory maximum
314.21 	for the crime is five years longer than the statutory maximum
314.22 	for the underlying crime. If the crime committed in violation
314.23 	of subdivision 2 is a felony, and the victim of the crime is a
314.24 	child under the age of 18 years, the statutory maximum for the
314.25 	crime is ten years longer than the statutory maximum for the
314.26 	underlying crime.
314.27 	(b) If the crime committed in violation of subdivision 2 is
314.28 	a misdemeanor, the person is guilty of a gross misdemeanor.
314.29 	(c) If the crime committed in violation of subdivision 2 is
314.30 	a gross misdemeanor, the person is guilty of a felony and may be
314.31 	sentenced to imprisonment for not more than three years or to
314.32 	payment of a fine of not more than $15,000, or both.
314.33 	
EFFECTIVE DATE. This section is effective August 1, 2005,
314.34 	and applies to crimes committed on or after that date.

314.35 	Sec. 15. [609.281] DEFINITIONS.
314.36 		Subdivision 1.Generally. As used in sections 609.281 to
315.1 	609.284, the following terms have the meanings given.
315.2 		Subd. 2.Blackmail. "Blackmail" means a threat to expose
315.3 	any fact or alleged fact tending to cause shame or to subject
315.4 	any person to hatred, contempt, or ridicule.
315.5 		Subd. 3.Debt bondage. "Debt bondage" means the status
315.6 	or condition of a debtor arising from a pledge by the debtor of
315.7 	the debtor's personal services or those of a person under the
315.8 	debtor's control as a security for debt, if the value of those
315.9 	services as reasonably assessed is not applied toward the
315.10 	liquidation of the debt or the length and nature of those
315.11 	services are not respectively limited and defined.
315.12 		Subd. 4.Forced labor or services. "Forced labor or
315.13 	services" means labor or services that are performed or provided
315.14 	by another person and are obtained or maintained through an
315.15 	actor's:
315.16 	(1) threat, either implicit or explicit, scheme, plan, or
315.17 	pattern, or other action intended to cause a person to believe
315.18 	that, if the person did not perform or provide the labor or
315.19 	services, that person or another person would suffer bodily harm
315.20 	or physical restraint;
315.21 	(2) physically restraining or threatening to physically
315.22 	restrain a person;
315.23 	(3) abuse or threatened abuse of the legal process;
315.24 	(4) knowingly destroying, concealing, removing,
315.25 	confiscating, or possessing any actual or purported passport or
315.26 	other immigration document, or any other actual or purported
315.27 	government identification document, of another person; or 
315.28 	(5) use of blackmail.
315.29 		Subd. 5.Labor trafficking. "Labor trafficking" means
315.30 	the recruitment, transportation, transfer, harboring,
315.31 	enticement, provision, obtaining, or receipt of a person by any
315.32 	means, whether a United States citizen or foreign national, for
315.33 	the purpose of:
315.34 	(1) debt bondage or forced labor or services;
315.35 	(2) slavery or practices similar to slavery; or 
315.36 	(3) the removal of organs through the use of coercion or
316.1 	intimidation.
316.2 		Subd. 6.Labor trafficking victim. "Labor trafficking
316.3 	victim" means a person subjected to the practices in subdivision
316.4 	5.
316.5 	
EFFECTIVE DATE. This section is effective August 1, 2005,
316.6 	and applies to crimes committed on or after that date.

316.7 	Sec. 16. [609.282] LABOR TRAFFICKING.
316.8 	Whoever knowingly engages in the labor trafficking of
316.9 	another is guilty of a crime and may be sentenced to
316.10 	imprisonment for not more than 15 years or to payment of a fine
316.11 	of not more than $30,000, or both.  In a prosecution under this
316.12 	section the consent or age of the victim is not a defense.

316.13 	EFFECTIVE DATE. This section is effective August 1, 2005,
316.14 	and applies to crimes committed on or after that date.

316.15 	Sec. 17. [609.283] UNLAWFUL CONDUCT WITH RESPECT TO
316.16 	DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.
316.17 	Unless the person's conduct constitutes a violation of
316.18 	section 609.282, a person who knowingly destroys, conceals,
316.19 	removes, confiscates, or possesses any actual or purported
316.20 	passport or other immigration document, or any other actual or
316.21 	purported government identification document, of another person:
316.22 	(1) in the course of a violation of section 609.282 or
316.23 	609.322;
316.24 	(2) with intent to violate section 609.282 or 609.322; or 
316.25 	(3) to prevent or restrict or to attempt to prevent or
316.26 	restrict, without lawful authority, a person's liberty to move
316.27 	or travel, in order to maintain the labor or services of that
316.28 	person, when the person is or has been a victim of a violation
316.29 	of section 609.282 or 609.322;
316.30 	is guilty of a crime and may be sentenced to imprisonment for
316.31 	not more than five years or to payment of a fine of not more
316.32 	than $10,000, or both.  In a prosecution under this section the
316.33 	consent or age of the victim is not a defense.

316.34 	EFFECTIVE DATE. This section is effective August 1, 2005,
316.35 	and applies to crimes committed on or after that date.

316.36 	Sec. 18. [609.284] LABOR OR SEX TRAFFICKING CRIMES;
317.1 	DEFENSES; CIVIL LIABILITY; CORPORATE LIABILITY.
317.2 		Subdivision 1.Consent or age of victim not a
317.3 	defense. In an action under this section the consent or age of
317.4 	the victim is not a defense.
317.5 		Subd. 2.Civil liability. A labor trafficking victim may
317.6 	bring a cause of action against a person who violates section
317.7 	609.282 or 609.283.  The court may award damages, including
317.8 	punitive damages, reasonable attorney fees, and other litigation
317.9 	costs reasonably incurred by the victim.  This remedy is in
317.10 	addition to potential criminal liability.
317.11 		Subd. 3.Corporate liability. If a corporation or other
317.12 	business enterprise is convicted of violating section 609.282,
317.13 	609.283, or 609.322, in addition to the criminal penalties
317.14 	described in those sections and other remedies provided
317.15 	elsewhere in law, the court may, when appropriate:
317.16 	(1) order its dissolution or reorganization;
317.17 	(2) order the suspension or revocation of any license,
317.18 	permit, or prior approval granted to it by a state agency; or 
317.19 	(3) order the surrender of its charter if it is organized
317.20 	under Minnesota law or the revocation of its certificate to
317.21 	conduct business in Minnesota if it is not organized under
317.22 	Minnesota law.
317.23 	
EFFECTIVE DATE. This section is effective August 1, 2005,
317.24 	and applies to crimes committed on or after that date.

317.25 	Sec. 19. Minnesota Statutes 2004, section 609.321,
317.26 	subdivision 1, is amended to read:
317.27 		Subdivision 1.Scope.  For the purposes of sections
317.28 	609.321 to 609.324 609.325, the following terms have the
317.29 	meanings given.
317.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
317.31 	and applies to crimes committed on or after that date.

317.32 	Sec. 20. Minnesota Statutes 2004, section 609.321,
317.33 	subdivision 7, is amended to read:
317.34 		Subd. 7.Promotes the prostitution of an individual.
 317.35 	"Promotes the prostitution of an individual" means any of the
317.36 	following wherein the person knowingly:
318.1 	(1) solicits or procures patrons for a prostitute; or
318.2 	(2) provides, leases or otherwise permits premises or
318.3 	facilities owned or controlled by the person to aid the
318.4 	prostitution of an individual; or
318.5 	(3) owns, manages, supervises, controls, keeps or operates,
318.6 	either alone or with others, a place of prostitution to aid the
318.7 	prostitution of an individual; or
318.8 	(4) owns, manages, supervises, controls, operates,
318.9 	institutes, aids or facilitates, either alone or with others, a
318.10 	business of prostitution to aid the prostitution of an
318.11 	individual; or
318.12 	(5) admits a patron to a place of prostitution to aid the
318.13 	prostitution of an individual; or 
318.14 	(6) transports an individual from one point within this
318.15 	state to another point either within or without this state, or
318.16 	brings an individual into this state to aid the prostitution of
318.17 	the individual; or 
318.18 	(7) engages in the sex trafficking of an individual.
318.19 	
EFFECTIVE DATE. This section is effective August 1, 2005,
318.20 	and applies to crimes committed on or after that date.

318.21 	Sec. 21. Minnesota Statutes 2004, section 609.321, is
318.22 	amended by adding a subdivision to read:
318.23 		Subd. 7a.Sex trafficking. "Sex trafficking" means
318.24 	receiving, recruiting, enticing, harboring, providing, or
318.25 	obtaining by any means an individual to aid in the prostitution
318.26 	of the individual.
318.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
318.28 	and applies to crimes committed on or after that date.

318.29 	Sec. 22. Minnesota Statutes 2004, section 609.321, is
318.30 	amended by adding a subdivision to read:
318.31 		Subd. 7b.Sex trafficking victim. "Sex trafficking
318.32 	victim" means a person subjected to the practices in subdivision
318.33 	7a.
318.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
318.35 	and applies to crimes committed on or after that date.

318.36 	Sec. 23. Minnesota Statutes 2004, section 609.321,
319.1 	subdivision 12, is amended to read:
319.2 		Subd. 12.Public place.  A "public place" means a public
319.3 	street or sidewalk, a pedestrian skyway system as defined in
319.4 	section 469.125, subdivision 4, a hotel, motel, or other place
319.5 	of public accommodation, or a place licensed to sell
319.6 	intoxicating liquor, wine, nonintoxicating malt beverages, or
319.7 	food, or a motor vehicle located on a public street, alley, or
319.8 	parking lot ordinarily used by or available to the public though
319.9 	not used as a matter of right and a driveway connecting such a
319.10 	parking lot with a street or highway.
319.11 	
EFFECTIVE DATE. This section is effective the day
319.12 	following final enactment and applies to crimes committed on or
319.13 	after that date.

319.14 	Sec. 24. [609.3243] LOITERING WITH INTENT TO PARTICIPATE
319.15 	IN PROSTITUTION.
319.16 	A person who loiters in a public place with intent to
319.17 	participate in prostitution is guilty of a misdemeanor.

319.18 	EFFECTIVE DATE. This section is effective August 1, 2005,
319.19 	and applies to crimes committed on or after that date.

319.20 	Sec. 25. Minnesota Statutes 2004, section 609.325, is
319.21 	amended by adding a subdivision to read:
319.22 		Subd. 4.Affirmative defense. It is an affirmative
319.23 	defense to a charge under section 609.324 if the defendant
319.24 	proves by a preponderance of the evidence that the defendant is
319.25 	a labor trafficking victim, as defined in section 609.281, or a
319.26 	sex trafficking victim, as defined in section 609.321, and that
319.27 	the defendant committed the act only under compulsion by another
319.28 	who by explicit or implicit threats created a reasonable
319.29 	apprehension in the mind of the defendant that if the defendant
319.30 	did not commit the act, the person would inflict bodily harm
319.31 	upon the defendant.
319.32 	
EFFECTIVE DATE. This section is effective August 1, 2005,
319.33 	and applies to crimes committed on or after that date.

319.34 	Sec. 26. Minnesota Statutes 2004, section 609.485,
319.35 	subdivision 2, is amended to read:
319.36 		Subd. 2.Acts prohibited.  Whoever does any of the
320.1 	following may be sentenced as provided in subdivision 4:
320.2 	(1) escapes while held pursuant to a lawful arrest, in
320.3 	lawful custody on a charge or conviction of a crime, or while
320.4 	held in lawful custody on an allegation or adjudication of a
320.5 	delinquent act;
320.6 	(2) transfers to another, who is in lawful custody on a
320.7 	charge or conviction of a crime, or introduces into an
320.8 	institution in which the latter is confined, anything usable in
320.9 	making such escape, with intent that it shall be so used;
320.10 	(3) having another in lawful custody on a charge or
320.11 	conviction of a crime, intentionally permits the other to
320.12 	escape;
320.13 	(4) escapes while in a facility designated under section
320.14 	253B.18, subdivision 1, pursuant to a court commitment order
320.15 	after a finding of not guilty by reason of mental illness or
320.16 	mental deficiency of a crime against the person, as defined in
320.17 	section 253B.02, subdivision 4a.  Notwithstanding section
320.18 	609.17, no person may be charged with or convicted of an attempt
320.19 	to commit a violation of this clause; or 
320.20 	(5) escapes while in a facility designated under section
320.21 	253B.18, subdivision 1, pursuant to a court commitment order
320.22 	under section 253B.185 or Minnesota Statutes 1992, section
320.23 	526.10; or 
320.24 	(6) escapes while on pass status or provisional discharge
320.25 	according to section 253B.18.
320.26 	For purposes of clause (1), "escapes while held in lawful
320.27 	custody" includes absconding from electronic monitoring or
320.28 	absconding after removing an electronic monitoring device from
320.29 	the person's body.
320.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
320.31 	and applies to crimes committed on or after that date.

320.32 	Sec. 27. Minnesota Statutes 2004, section 609.485,
320.33 	subdivision 4, is amended to read:
320.34 		Subd. 4.Sentence.  (a) Except as otherwise provided in
320.35 	subdivision 3a, whoever violates this section may be sentenced
320.36 	as follows:
321.1 	(1) if the person who escapes is in lawful custody for a
321.2 	felony, to imprisonment for not more than five years or to
321.3 	payment of a fine of not more than $10,000, or both;
321.4 	(2) if the person who escapes is in lawful custody after a
321.5 	finding of not guilty by reason of mental illness or mental
321.6 	deficiency of a crime against the person, as defined in section
321.7 	253B.02, subdivision 4a, or pursuant to a court commitment order
321.8 	under section 253B.185 or Minnesota Statutes 1992, section
321.9 	526.10, to imprisonment for not more than one year and one day
321.10 	or to payment of a fine of not more than $3,000, or both; or 
321.11 	(3) if the person who escapes is in lawful custody for a
321.12 	gross misdemeanor or misdemeanor, or if the person who escapes
321.13 	is in lawful custody on an allegation or adjudication of a
321.14 	delinquent act, to imprisonment for not more than one year or to
321.15 	payment of a fine of not more than $3,000, or both; or 
321.16 	(4) if the person who escapes is under civil commitment
321.17 	under sections 253B.18 and 253B.185, to imprisonment for not
321.18 	more than one year and one day or to payment of a fine of not
321.19 	more than $3,000, or both.
321.20 	(b) If the escape was a violation of subdivision 2, clause
321.21 	(1), (2), or (3), and was effected by violence or threat of
321.22 	violence against a person, the sentence may be increased to not
321.23 	more than twice those permitted in paragraph (a), clauses (1)
321.24 	and (3).
321.25 	(c) Unless a concurrent term is specified by the court, a
321.26 	sentence under this section shall be consecutive to any sentence
321.27 	previously imposed or which may be imposed for any crime or
321.28 	offense for which the person was in custody when the person
321.29 	escaped.
321.30 	(d) Notwithstanding paragraph (c), if a person who was
321.31 	committed to the commissioner of corrections under section
321.32 	260B.198 escapes from the custody of the commissioner while 18
321.33 	years of age, the person's sentence under this section shall
321.34 	commence on the person's 19th birthday or on the person's date
321.35 	of discharge by the commissioner of corrections, whichever
321.36 	occurs first.  However, if the person described in this clause
322.1 	is convicted under this section after becoming 19 years old and
322.2 	after having been discharged by the commissioner, the person's
322.3 	sentence shall commence upon imposition by the sentencing court.
322.4 	(e) Notwithstanding paragraph (c), if a person who is in
322.5 	lawful custody on an allegation or adjudication of a delinquent
322.6 	act while 18 years of age escapes from a local juvenile
322.7 	correctional facility, the person's sentence under this section
322.8 	begins on the person's 19th birthday or on the person's date of
322.9 	discharge from the jurisdiction of the juvenile court, whichever
322.10 	occurs first.  However, if the person described in this
322.11 	paragraph is convicted after becoming 19 years old and after
322.12 	discharge from the jurisdiction of the juvenile court, the
322.13 	person's sentence begins upon imposition by the sentencing court.
322.14 	(f) Notwithstanding paragraph (a), any person who escapes
322.15 	or absconds from electronic monitoring or removes an electric
322.16 	monitoring device from the person's body is guilty of a crime
322.17 	and shall be sentenced to imprisonment for not more than one
322.18 	year or to a payment of a fine of not more than $3,000, or
322.19 	both.  A person in lawful custody for a violation of section
322.20 	609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221,
322.21 	609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345,
322.22 	or 609.3451 who escapes or absconds from electronic monitoring
322.23 	or removes an electronic monitoring device while under sentence
322.24 	may be sentenced to imprisonment for not more than five years or
322.25 	to a payment of a fine of not more than $10,000, or both.
322.26 	
EFFECTIVE DATE. This section is effective August 1, 2005,
322.27 	and applies to crimes committed on or after that date.

322.28 	Sec. 28. Minnesota Statutes 2004, section 609.487, is
322.29 	amended by adding a subdivision to read:
322.30 		Subd. 6.Fleeing, other than vehicle. Whoever, for the
322.31 	purpose of avoiding arrest, detention, or investigation, or in
322.32 	order to conceal or destroy potential evidence related to the
322.33 	commission of a crime, attempts to evade or elude a peace
322.34 	officer, who is acting in the lawful discharge of an official
322.35 	duty, by means of running, hiding, or by any other means except
322.36 	fleeing in a motor vehicle, is guilty of a misdemeanor.
323.1 	
EFFECTIVE DATE. This section is effective August 1, 2005,
323.2 	and applies to crimes committed on or after that date.

323.3 	Sec. 29. Minnesota Statutes 2004, section 609.50,
323.4 	subdivision 1, is amended to read:
323.5 		Subdivision 1.Crime.  Whoever intentionally does any of
323.6 	the following may be sentenced as provided in subdivision 2:
323.7 	(1) obstructs, hinders, or prevents the lawful execution of
323.8 	any legal process, civil or criminal, or apprehension of another
323.9 	on a charge or conviction of a criminal offense;
323.10 	(2) obstructs, resists, or interferes with a peace officer
323.11 	while the officer is engaged in the performance of official
323.12 	duties;
323.13 	(3) interferes with or obstructs the prevention or
323.14 	extinguishing of a fire, or disobeys the lawful order of a
323.15 	firefighter present at the fire while the firefighter is engaged
323.16 	in the performance of official duties; or 
323.17 	(4) interferes with or obstructs a member of an ambulance
323.18 	service personnel crew, as defined in section 144E.001,
323.19 	subdivision 3a, who is providing, or attempting to provide,
323.20 	emergency care; or 
323.21 	(5) by force or threat of force endeavors to obstruct any
323.22 	employee of the Department of Revenue while the employee is
323.23 	lawfully engaged in the performance of official duties for the
323.24 	purpose of deterring or interfering with the performance of
323.25 	those duties.
323.26 	
EFFECTIVE DATE. This section is effective August 1, 2005,
323.27 	and applies to crimes committed on or after that date.

323.28 	Sec. 30. Minnesota Statutes 2004, section 609.505, is
323.29 	amended to read:
323.30 	609.505 FALSELY REPORTING CRIME.
323.31 		Subdivision 1.False reporting. Whoever informs a law
323.32 	enforcement officer that a crime has been committed or otherwise
323.33 	provides information to an on-duty peace officer, knowing that
323.34 	the person is a peace officer, regarding the conduct of others,
323.35 	knowing that it is false and intending that the officer shall
323.36 	act in reliance upon it, is guilty of a misdemeanor.  A person
324.1 	who is convicted a second or subsequent time under this section
324.2 	is guilty of a gross misdemeanor.
324.3 		Subd. 2.Reporting police misconduct. (a) Whoever
324.4 	informs, or causes information to be communicated to, a peace
324.5 	officer, whose responsibilities include investigating or
324.6 	reporting police misconduct, that a peace officer, as defined in
324.7 	section 626.84, subdivision 1, paragraph (c), has committed an
324.8 	act of police misconduct, knowing that the information is false,
324.9 	is guilty of a crime and may be sentenced as follows:
324.10 	(1) up to the maximum provided for a misdemeanor if the
324.11 	false information does not allege a criminal act; or 
324.12 	(2) up to the maximum provided for a gross misdemeanor if
324.13 	the false information alleges a criminal act.
324.14 	(b) The court shall order any person convicted of a
324.15 	violation of this subdivision to make full restitution of all
324.16 	reasonable expenses incurred in the investigation of the false
324.17 	allegation unless the court makes a specific written finding
324.18 	that restitution would be inappropriate under the
324.19 	circumstances.  A restitution award may not exceed $3,000.
324.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
324.21 	and applies to crimes committed on or after that date.

324.22 	Sec. 31. Minnesota Statutes 2004, section 609.52,
324.23 	subdivision 2, is amended to read:
324.24 		Subd. 2.Acts constituting theft.  Whoever does any of
324.25 	the following commits theft and may be sentenced as provided in
324.26 	subdivision 3:
324.27 	(1) intentionally and without claim of right takes, uses,
324.28 	transfers, conceals or retains possession of movable property of
324.29 	another without the other's consent and with intent to deprive
324.30 	the owner permanently of possession of the property; or
324.31 	(2) with or without having a legal interest in movable
324.32 	property, intentionally and without consent, takes the property
324.33 	out of the possession of a pledgee or other person having a
324.34 	superior right of possession, with intent thereby to deprive the
324.35 	pledgee or other person permanently of the possession of the
324.36 	property; or
325.1 	(3) obtains for the actor or another the possession,
325.2 	custody, or title to property of or performance of services by a
325.3 	third person by intentionally deceiving the third person with a
325.4 	false representation which is known to be false, made with
325.5 	intent to defraud, and which does defraud the person to whom it
325.6 	is made.  "False representation" includes without limitation:
325.7 	(i) the issuance of a check, draft, or order for the
325.8 	payment of money, except a forged check as defined in section
325.9 	609.631, or the delivery of property knowing that the actor is
325.10 	not entitled to draw upon the drawee therefor or to order the
325.11 	payment or delivery thereof; or
325.12 	(ii) a promise made with intent not to perform.  Failure to
325.13 	perform is not evidence of intent not to perform unless
325.14 	corroborated by other substantial evidence; or
325.15 	(iii) the preparation or filing of a claim for
325.16 	reimbursement, a rate application, or a cost report used to
325.17 	establish a rate or claim for payment for medical care provided
325.18 	to a recipient of medical assistance under chapter 256B, which
325.19 	intentionally and falsely states the costs of or actual services
325.20 	provided by a vendor of medical care; or
325.21 	(iv) the preparation or filing of a claim for reimbursement
325.22 	for providing treatment or supplies required to be furnished to
325.23 	an employee under section 176.135 which intentionally and
325.24 	falsely states the costs of or actual treatment or supplies
325.25 	provided; or
325.26 	(v) the preparation or filing of a claim for reimbursement
325.27 	for providing treatment or supplies required to be furnished to
325.28 	an employee under section 176.135 for treatment or supplies that
325.29 	the provider knew were medically unnecessary, inappropriate, or
325.30 	excessive; or
325.31 	(4) by swindling, whether by artifice, trick, device, or
325.32 	any other means, obtains property or services from another
325.33 	person; or
325.34 	(5) intentionally commits any of the acts listed in this
325.35 	subdivision but with intent to exercise temporary control only
325.36 	and:
326.1 	(i) the control exercised manifests an indifference to the
326.2 	rights of the owner or the restoration of the property to the
326.3 	owner; or
326.4 	(ii) the actor pledges or otherwise attempts to subject the
326.5 	property to an adverse claim; or
326.6 	(iii) the actor intends to restore the property only on
326.7 	condition that the owner pay a reward or buy back or make other
326.8 	compensation; or
326.9 	(6) finds lost property and, knowing or having reasonable
326.10 	means of ascertaining the true owner, appropriates it to the
326.11 	finder's own use or to that of another not entitled thereto
326.12 	without first having made reasonable effort to find the owner
326.13 	and offer and surrender the property to the owner; or
326.14 	(7) intentionally obtains property or services, offered
326.15 	upon the deposit of a sum of money or tokens in a coin or token
326.16 	operated machine or other receptacle, without making the
326.17 	required deposit or otherwise obtaining the consent of the
326.18 	owner; or
326.19 	(8) intentionally and without claim of right converts any
326.20 	article representing a trade secret, knowing it to be such, to
326.21 	the actor's own use or that of another person or makes a copy of
326.22 	an article representing a trade secret, knowing it to be such,
326.23 	and intentionally and without claim of right converts the same
326.24 	to the actor's own use or that of another person.  It shall be a
326.25 	complete defense to any prosecution under this clause for the
326.26 	defendant to show that information comprising the trade secret
326.27 	was rightfully known or available to the defendant from a source
326.28 	other than the owner of the trade secret; or
326.29 	(9) leases or rents personal property under a written
326.30 	instrument and who:
326.31 	(i) with intent to place the property beyond the control of
326.32 	the lessor conceals or aids or abets the concealment of the
326.33 	property or any part thereof; or
326.34 	(ii) sells, conveys, or encumbers the property or any part
326.35 	thereof without the written consent of the lessor, without
326.36 	informing the person to whom the lessee sells, conveys, or
327.1 	encumbers that the same is subject to such lease or rental
327.2 	contract with intent to deprive the lessor of possession
327.3 	thereof; or
327.4 	(iii) does not return the property to the lessor at the end
327.5 	of the lease or rental term, plus agreed upon extensions, with
327.6 	intent to wrongfully deprive the lessor of possession of the
327.7 	property; or
327.8 	(iv) returns the property to the lessor at the end of the
327.9 	lease or rental term, plus agreed upon extensions, but does not
327.10 	pay the lease or rental charges agreed upon in the written
327.11 	instrument, with intent to wrongfully deprive the lessor of the
327.12 	agreed upon charges.
327.13 	For the purposes of items (iii) and (iv), the value of the
327.14 	property must be at least $100.
327.15 	Evidence that a lessee used a false, fictitious, or not current
327.16 	name, address, or place of employment in obtaining the property
327.17 	or fails or refuses to return the property or pay the rental
327.18 	contract charges to lessor within five days after written demand
327.19 	for the return has been served personally in the manner provided
327.20 	for service of process of a civil action or sent by certified
327.21 	mail to the last known address of the lessee, whichever shall
327.22 	occur later, shall be evidence of intent to violate this
327.23 	clause.  Service by certified mail shall be deemed to be
327.24 	complete upon deposit in the United States mail of such demand,
327.25 	postpaid and addressed to the person at the address for the
327.26 	person set forth in the lease or rental agreement, or, in the
327.27 	absence of the address, to the person's last known place of
327.28 	residence; or
327.29 	(10) alters, removes, or obliterates numbers or symbols
327.30 	placed on movable property for purpose of identification by the
327.31 	owner or person who has legal custody or right to possession
327.32 	thereof with the intent to prevent identification, if the person
327.33 	who alters, removes, or obliterates the numbers or symbols is
327.34 	not the owner and does not have the permission of the owner to
327.35 	make the alteration, removal, or obliteration; or
327.36 	(11) with the intent to prevent the identification of
328.1 	property involved, so as to deprive the rightful owner of
328.2 	possession thereof, alters or removes any permanent serial
328.3 	number, permanent distinguishing number or manufacturer's
328.4 	identification number on personal property or possesses, sells
328.5 	or buys any personal property knowing or having reason to know
328.6 	that the permanent serial number, permanent distinguishing
328.7 	number or manufacturer's identification number has been removed
328.8 	or altered; or
328.9 	(12) intentionally deprives another of a lawful charge for
328.10 	cable television service by:
328.11 	(i) making or using or attempting to make or use an
328.12 	unauthorized external connection outside the individual dwelling
328.13 	unit whether physical, electrical, acoustical, inductive, or
328.14 	other connection; or by
328.15 	(ii) attaching any unauthorized device to any cable, wire,
328.16 	microwave, or other component of a licensed cable communications
328.17 	system as defined in chapter 238.  Nothing herein shall be
328.18 	construed to prohibit the electronic video rerecording of
328.19 	program material transmitted on the cable communications system
328.20 	by a subscriber for fair use as defined by Public Law 94-553,
328.21 	section 107; or
328.22 	(13) except as provided in paragraphs (12) and (14),
328.23 	obtains the services of another with the intention of receiving
328.24 	those services without making the agreed or reasonably expected
328.25 	payment of money or other consideration; or
328.26 	(14) intentionally deprives another of a lawful charge for
328.27 	telecommunications service by:
328.28 	(i) making, using, or attempting to make or use an
328.29 	unauthorized connection whether physical, electrical, by wire,
328.30 	microwave, radio, or other means to a component of a local
328.31 	telecommunication system as provided in chapter 237; or
328.32 	(ii) attaching an unauthorized device to a cable, wire,
328.33 	microwave, radio, or other component of a local
328.34 	telecommunication system as provided in chapter 237.
328.35 	The existence of an unauthorized connection is prima facie
328.36 	evidence that the occupier of the premises:
329.1 	(i) made or was aware of the connection; and
329.2 	(ii) was aware that the connection was unauthorized; or
329.3 	(15) with intent to defraud, diverts corporate property
329.4 	other than in accordance with general business purposes or for
329.5 	purposes other than those specified in the corporation's
329.6 	articles of incorporation; or
329.7 	(16) with intent to defraud, authorizes or causes a
329.8 	corporation to make a distribution in violation of section
329.9 	302A.551, or any other state law in conformity with it; or
329.10 	(17) takes or drives a motor vehicle without the consent of
329.11 	the owner or an authorized agent of the owner, knowing or having
329.12 	reason to know that the owner or an authorized agent of the
329.13 	owner did not give consent.
329.14 	
EFFECTIVE DATE. This section is effective August 1, 2005,
329.15 	and applies to crimes committed on or after that date.

329.16 	Sec. 32. Minnesota Statutes 2004, section 609.527,
329.17 	subdivision 1, is amended to read:
329.18 		Subdivision 1.Definitions.  (a) As used in this section,
329.19 	the following terms have the meanings given them in this
329.20 	subdivision.
329.21 	(b) "Direct victim" means any person or entity described in
329.22 	section 611A.01, paragraph (b), whose identity has been
329.23 	transferred, used, or possessed in violation of this section.
329.24 	(c) "False pretense" means any false, fictitious,
329.25 	misleading, or fraudulent information or pretense or pretext
329.26 	depicting or including or deceptively similar to the name, logo,
329.27 	Web site address, e-mail address, postal address, telephone
329.28 	number, or any other identifying information of a for-profit or
329.29 	not-for-profit business or organization or of a government
329.30 	agency, to which the user has no legitimate claim of right.
329.31 	(d) "Identity" means any name, number, or data transmission
329.32 	that may be used, alone or in conjunction with any other
329.33 	information, to identify a specific individual or entity,
329.34 	including any of the following:
329.35 	(1) a name, Social Security number, date of birth, official
329.36 	government-issued driver's license or identification number,
330.1 	government passport number, or employer or taxpayer
330.2 	identification number;
330.3 	(2) unique electronic identification number, address,
330.4 	account number, or routing code; or
330.5 	(3) telecommunication identification information or access
330.6 	device.
330.7 	(d) (e) "Indirect victim" means any person or entity
330.8 	described in section 611A.01, paragraph (b), other than a direct
330.9 	victim.
330.10 	(e) (f) "Loss" means value obtained, as defined in section
330.11 	609.52, subdivision 1, clause (3), and expenses incurred by a
330.12 	direct or indirect victim as a result of a violation of this
330.13 	section.
330.14 	(f) (g) "Unlawful activity" means:
330.15 	(1) any felony violation of the laws of this state or any
330.16 	felony violation of a similar law of another state or the United
330.17 	States; and
330.18 	(2) any nonfelony violation of the laws of this state
330.19 	involving theft, theft by swindle, forgery, fraud, or giving
330.20 	false information to a public official, or any nonfelony
330.21 	violation of a similar law of another state or the United States.
330.22 	
EFFECTIVE DATE. This section is effective August 1, 2005,
330.23 	and applies to crimes committed on or after that date.

330.24 	Sec. 33. Minnesota Statutes 2004, section 609.527,
330.25 	subdivision 3, is amended to read:
330.26 		Subd. 3.Penalties.  A person who violates subdivision 2
330.27 	may be sentenced as follows:
330.28 	(1) if the offense involves a single direct victim and the
330.29 	total, combined loss to the direct victim and any indirect
330.30 	victims is $250 or less, the person may be sentenced as provided
330.31 	in section 609.52, subdivision 3, clause (5);
330.32 	(2) if the offense involves a single direct victim and the
330.33 	total, combined loss to the direct victim and any indirect
330.34 	victims is more than $250 but not more than $500, the person may
330.35 	be sentenced as provided in section 609.52, subdivision 3,
330.36 	clause (4);
331.1 	(3) if the offense involves two or three direct victims or
331.2 	the total, combined loss to the direct and indirect victims is
331.3 	more than $500 but not more than $2,500, the person may be
331.4 	sentenced as provided in section 609.52, subdivision 3, clause
331.5 	(3);
331.6 	(4) if the offense involves more than three but not more
331.7 	than seven direct victims, or if the total combined loss to the
331.8 	direct and indirect victims is more than $2,500, the person may
331.9 	be sentenced as provided in section 609.52, subdivision 3,
331.10 	clause (2); and
331.11 	(5) if the offense involves eight or more direct victims,;
331.12 	or if the total, combined loss to the direct and indirect
331.13 	victims is more than $35,000,; or if the offense is related to
331.14 	possession or distribution of pornographic work in violation of
331.15 	section 617.246 or 617.247;the person may be sentenced as
331.16 	provided in section 609.52, subdivision 3, clause (1).
331.17 	
EFFECTIVE DATE. This section is effective August 1, 2005,
331.18 	and applies to crimes committed on or after that date.

331.19 	Sec. 34. Minnesota Statutes 2004, section 609.527,
331.20 	subdivision 4, is amended to read:
331.21 		Subd. 4.Restitution; items provided to victim. (a) A
331.22 	direct or indirect victim of an identity theft crime shall be
331.23 	considered a victim for all purposes, including any rights that
331.24 	accrue under chapter 611A and rights to court-ordered
331.25 	restitution.
331.26 	(b) The court shall order a person convicted of violating
331.27 	subdivision 2 to pay restitution of not less than $1,000 to each
331.28 	direct victim of the offense.
331.29 	(c) Upon the written request of a direct victim or the
331.30 	prosecutor setting forth with specificity the facts and
331.31 	circumstances of the offense in a proposed order, the court
331.32 	shall provide to the victim, without cost, a certified copy of
331.33 	the complaint filed in the matter, the judgment of conviction,
331.34 	and an order setting forth the facts and circumstances of the
331.35 	offense.
331.36 	
EFFECTIVE DATE. This section is effective August 1, 2005,
332.1 	and applies to crimes committed on or after that date.

332.2 	Sec. 35. Minnesota Statutes 2004, section 609.527, is
332.3 	amended by adding a subdivision to read:
332.4 		Subd. 5a.Crime of electronic use of false pretense to
332.5 	obtain identity. (a) A person who, with intent to obtain the
332.6 	identity of another, uses a false pretense in an e-mail to
332.7 	another person or in a Web page, electronic communication,
332.8 	advertisement, or any other communication on the Internet, is
332.9 	guilty of a crime.
332.10 	(b) Whoever commits such offense may be sentenced to
332.11 	imprisonment for not more than five years or to payment of a
332.12 	fine of not more than $10,000, or both.
332.13 	(c) In a prosecution under this subdivision, it is not a
332.14 	defense that:
332.15 	(1) the person committing the offense did not obtain the
332.16 	identity of another;
332.17 	(2) the person committing the offense did not use the
332.18 	identity; or 
332.19 	(3) the offense did not result in financial loss or any
332.20 	other loss to any person.
332.21 	
EFFECTIVE DATE. This section is effective August 1, 2005,
332.22 	and applies to crimes committed on or after that date.

332.23 	Sec. 36. Minnesota Statutes 2004, section 609.527,
332.24 	subdivision 6, is amended to read:
332.25 		Subd. 6.Venue.  Notwithstanding anything to the contrary
332.26 	in section 627.01, an offense committed under subdivision 2 or
332.27 	5a may be prosecuted in:
332.28 	(1) the county where the offense occurred; or 
332.29 	(2) the county of residence or place of business of the
332.30 	direct victim or indirect victim; or 
332.31 	(3) in the case of a violation of subdivision 5a, the
332.32 	county of residence of the person whose identity was obtained or
332.33 	sought.
332.34 	
EFFECTIVE DATE. This section is effective August 1, 2005,
332.35 	and applies to crimes committed on or after that date.

332.36 	Sec. 37. Minnesota Statutes 2004, section 609.531,
333.1 	subdivision 1, is amended to read:
333.2 		Subdivision 1.Definitions.  For the purpose of sections
333.3 	609.531 to 609.5318, the following terms have the meanings given
333.4 	them.
333.5 	(a) "Conveyance device" means a device used for
333.6 	transportation and includes, but is not limited to, a motor
333.7 	vehicle, trailer, snowmobile, airplane, and vessel and any
333.8 	equipment attached to it.  The term "conveyance device" does not
333.9 	include property which is, in fact, itself stolen or taken in
333.10 	violation of the law.
333.11 	(b) "Weapon used" means a dangerous weapon as defined under
333.12 	section 609.02, subdivision 6, that the actor used or had in
333.13 	possession in furtherance of a crime.
333.14 	(c) "Property" means property as defined in section 609.52,
333.15 	subdivision 1, clause (1).
333.16 	(d) "Contraband" means property which is illegal to possess
333.17 	under Minnesota law.
333.18 	(e) "Appropriate agency" means the Bureau of Criminal
333.19 	Apprehension, the Minnesota Division of Driver and Vehicle
333.20 	Services, the Minnesota State Patrol, a county sheriff's
333.21 	department, the Suburban Hennepin Regional Park District park
333.22 	rangers, the Department of Natural Resources Division of
333.23 	Enforcement, the University of Minnesota Police Department, or a
333.24 	city or airport police department.
333.25 	(f) "Designated offense" includes:
333.26 	(1) for weapons used:  any violation of this chapter,
333.27 	chapter 152, or chapter 624;
333.28 	(2) for driver's license or identification card
333.29 	transactions:  any violation of section 171.22; and
333.30 	(3) for all other purposes:  a felony violation of, or a
333.31 	felony-level attempt or conspiracy to violate, section 325E.17;
333.32 	325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
333.33 	609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282;
333.34 	609.283;609.322; 609.342, subdivision 1, clauses (a) to (f);
333.35 	609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision
333.36 	1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1,
334.1 	clauses (a) to (e), and (h) to (j); 609.352;609.42; 609.425;
334.2 	609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528;
334.3 	609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582;
334.4 	609.59; 609.595; 609.631; 609.66, subdivision 1e; 609.671,
334.5 	subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825;
334.6 	609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247;or a
334.7 	gross misdemeanor or felony violation of section 609.891 or
334.8 	624.7181; or any violation of section 609.324.
334.9 	(g) "Controlled substance" has the meaning given in section
334.10 	152.01, subdivision 4.
334.11 	
EFFECTIVE DATE. This section is effective August 1, 2005,
334.12 	and applies to crimes committed on or after that date.

334.13 	Sec. 38. Minnesota Statutes 2004, section 609.5312, is
334.14 	amended by adding a subdivision to read:
334.15 		Subd. 1a.Computers and related property subject to
334.16 	forfeiture. (a) As used in this subdivision, "property" has the
334.17 	meaning given in section 609.87, subdivision 6.
334.18 	(b) When a computer or a component part of a computer is
334.19 	used or intended for use to commit or facilitate the commission
334.20 	of a designated offense, the computer and all software, data,
334.21 	and other property contained in the computer are subject to
334.22 	forfeiture unless prohibited by the Privacy Protection Act,
334.23 	United States Code, title 42, sections 2000aa to 2000aa-12, or
334.24 	other state or federal law.
334.25 	(c) Regardless of whether a forfeiture action is initiated
334.26 	following the lawful seizure of a computer and related property,
334.27 	if the appropriate agency returns hardware, software, data, or
334.28 	other property to the owner, the agency may charge the owner for
334.29 	the cost of separating contraband from the computer or other
334.30 	property returned, including salary and contract costs.  The
334.31 	agency may not charge these costs to an owner of a computer or
334.32 	related property who was not privy to the act or omission upon
334.33 	which the seizure was based, or who did not have knowledge of or
334.34 	consent to the act or omission, if the owner:
334.35 	(1) requests from the agency copies of specified legitimate
334.36 	data files and provides sufficient storage media; or 
335.1 	(2) requests the return of a computer or other property
335.2 	less data storage devices on which contraband resides.
335.3 	
EFFECTIVE DATE. This section is effective August 1, 2005,
335.4 	and applies to crimes committed on or after that date.

335.5 	Sec. 39. Minnesota Statutes 2004, section 609.5315,
335.6 	subdivision 1, is amended to read:
335.7 		Subdivision 1.Disposition.  (a) Subject to paragraph
335.8 	(b), if the court finds under section 609.5313, 609.5314, or
335.9 	609.5318 that the property is subject to forfeiture, it shall
335.10 	order the appropriate agency to do one of the following:
335.11 	(1) unless a different disposition is provided under clause
335.12 	(3) or (4), either destroy firearms, ammunition, and firearm
335.13 	accessories that the agency decides not to use for law
335.14 	enforcement purposes under clause (8), or sell them to federally
335.15 	licensed firearms dealers, as defined in section 624.7161,
335.16 	subdivision 1, and distribute the proceeds under subdivision
335.17 	5 or 5b;
335.18 	(2) sell property that is not required to be destroyed by
335.19 	law and is not harmful to the public and distribute the proceeds
335.20 	under subdivision 5 or 5b;
335.21 	(3) sell antique firearms, as defined in section 624.712,
335.22 	subdivision 3, to the public and distribute the proceeds under
335.23 	subdivision 5 or 5b;
335.24 	(4) destroy or use for law enforcement purposes
335.25 	semiautomatic military-style assault weapons, as defined in
335.26 	section 624.712, subdivision 7;
335.27 	(5) take custody of the property and remove it for
335.28 	disposition in accordance with law;
335.29 	(6) forward the property to the federal drug enforcement
335.30 	administration;
335.31 	(7) disburse money as provided under subdivision 5 or 5b;
335.32 	or
335.33 	(8) keep property other than money for official use by the
335.34 	agency and the prosecuting agency.
335.35 	(b) Notwithstanding paragraph (a), the Hennepin or Ramsey
335.36 	county sheriff may not sell firearms, ammunition, or firearms
336.1 	accessories if the policy is disapproved by the applicable
336.2 	county board.
336.3 	
EFFECTIVE DATE. This section is effective August 1, 2005,
336.4 	and applies to crimes committed on or after that date.

336.5 	Sec. 40. Minnesota Statutes 2004, section 609.5315, is
336.6 	amended by adding a subdivision to read:
336.7 		Subd. 5b.Disposition of certain forfeited proceeds;
336.8 	trafficking of persons; report required. (a) For forfeitures
336.9 	resulting from violations of section 609.282, 609.283, or
336.10 	609.322, the money or proceeds from the sale of forfeited
336.11 	property, after payment of seizure, storage, forfeiture, and
336.12 	sale expenses, and satisfaction of valid liens against the
336.13 	property, must be distributed as follows:
336.14 	(1) 40 percent of the proceeds must be forwarded to the
336.15 	appropriate agency for deposit as a supplement to the agency's
336.16 	operating fund or similar fund for use in law enforcement;
336.17 	(2) 20 percent of the proceeds must be forwarded to the
336.18 	county attorney or other prosecuting agency that handled the
336.19 	forfeiture for deposit as a supplement to its operating fund or
336.20 	similar fund for prosecutorial purposes; and 
336.21 	(3) the remaining 40 percent of the proceeds must be
336.22 	forwarded to the commissioner of public safety and are
336.23 	appropriated to the commissioner for distribution to crime
336.24 	victims services organizations that provide services to victims
336.25 	of trafficking offenses.
336.26 	(b) By February 15 of each year, the commissioner of public
336.27 	safety shall report to the chairs and ranking minority members
336.28 	of the senate and house committees or divisions having
336.29 	jurisdiction over criminal justice funding on the money
336.30 	collected under paragraph (a), clause (3).  The report must
336.31 	indicate the following relating to the preceding calendar year:
336.32 	(1) the amount of money appropriated to the commissioner;
336.33 	(2) how the money was distributed by the commissioner; and 
336.34 	(3) what the organizations that received the money did with
336.35 	it.
336.36 	
EFFECTIVE DATE. This section is effective August 1, 2005,
337.1 	and applies to crimes committed on or after that date.

337.2 	Sec. 41. Minnesota Statutes 2004, section 609.605,
337.3 	subdivision 1, is amended to read:
337.4 		Subdivision 1.Misdemeanor.  (a) The following terms have
337.5 	the meanings given them for purposes of this section.
337.6 	(i) "Premises" means real property and any appurtenant
337.7 	building or structure.
337.8 	(ii) "Dwelling" means the building or part of a building
337.9 	used by an individual as a place of residence on either a
337.10 	full-time or a part-time basis.  A dwelling may be part of a
337.11 	multidwelling or multipurpose building, or a manufactured home
337.12 	as defined in section 168.011, subdivision 8.
337.13 	(iii) "Construction site" means the site of the
337.14 	construction, alteration, painting, or repair of a building or
337.15 	structure.
337.16 	(iv) "Owner or lawful possessor," as used in paragraph (b),
337.17 	clause (9), means the person on whose behalf a building or
337.18 	dwelling is being constructed, altered, painted, or repaired and
337.19 	the general contractor or subcontractor engaged in that work.
337.20 	(v) "Posted," as used:
337.21 	(A) in clause (9), means the placement of a sign at least
337.22 	11 inches square in a conspicuous place on the exterior of the
337.23 	building that is under construction, alteration, or repair, and
337.24 	additional signs in at least two conspicuous places for each ten
337.25 	acres being protected.  The sign must carry an appropriate
337.26 	notice and the name of the person giving the notice, followed by
337.27 	the word "owner" if the person giving the notice is the holder
337.28 	of legal title to the land on which the construction site is
337.29 	located or by the word "occupant" if the person giving the
337.30 	notice is not the holder of legal title but is a lawful occupant
337.31 	of the land; and 
337.32 	(B) in clause (10), means the placement of signs that:
337.33 	(I) state "no trespassing" or similar terms;
337.34 	(II) display letters at least two inches high;
337.35 	(III) state that Minnesota law prohibits trespassing on the
337.36 	property; and 
338.1 	(IV) are posted in a conspicuous place and at intervals of
338.2 	500 feet or less.
338.3 	(vi) "Business licensee," as used in paragraph (b), clause
338.4 	(9), includes a representative of a building trades labor or
338.5 	management organization.
338.6 	(vii) "Building" has the meaning given in section 609.581,
338.7 	subdivision 2.
338.8 	(b) A person is guilty of a misdemeanor if the person
338.9 	intentionally:
338.10 	(1) permits domestic animals or fowls under the actor's
338.11 	control to go on the land of another within a city;
338.12 	(2) interferes unlawfully with a monument, sign, or pointer
338.13 	erected or marked to designate a point of a boundary, line or a
338.14 	political subdivision, or of a tract of land;
338.15 	(3) trespasses on the premises of another and, without
338.16 	claim of right, refuses to depart from the premises on demand of
338.17 	the lawful possessor;
338.18 	(4) occupies or enters the dwelling or locked or posted
338.19 	building of another, without claim of right or consent of the
338.20 	owner or the consent of one who has the right to give consent,
338.21 	except in an emergency situation;
338.22 	(5) enters the premises of another with intent to take or
338.23 	injure any fruit, fruit trees, or vegetables growing on the
338.24 	premises, without the permission of the owner or occupant;
338.25 	(6) enters or is found on the premises of a public or
338.26 	private cemetery without authorization during hours the cemetery
338.27 	is posted as closed to the public;
338.28 	(7) returns to the property of another with the intent to
338.29 	abuse, disturb, or cause distress in or threaten another, after
338.30 	being told to leave the property and not to return, if the actor
338.31 	is without claim of right to the property or consent of one with
338.32 	authority to consent;
338.33 	(8) returns to the property of another within 30 days one
338.34 	year after being told to leave the property and not to return,
338.35 	if the actor is without claim of right to the property or
338.36 	consent of one with authority to consent; or 
339.1 	(9) enters the locked or posted construction site of
339.2 	another without the consent of the owner or lawful possessor,
339.3 	unless the person is a business licensee; or 
339.4 	(10) enters the locked or posted aggregate mining site of
339.5 	another without the consent of the owner or lawful possessor,
339.6 	unless the person is a business licensee.
339.7 	
EFFECTIVE DATE. This section is effective August 1, 2005,
339.8 	and applies to crimes committed on or after that date.

339.9 	Sec. 42. Minnesota Statutes 2004, section 609.605,
339.10 	subdivision 4, is amended to read:
339.11 		Subd. 4.Trespasses on school property.  (a) It is a
339.12 	misdemeanor for a person to enter or be found in a public or
339.13 	nonpublic elementary, middle, or secondary school building
339.14 	unless the person:
339.15 	(1) is an enrolled student in, a parent or guardian of an
339.16 	enrolled student in, or an employee of the school or school
339.17 	district;
339.18 	(2) has permission or an invitation from a school official
339.19 	to be in the building;
339.20 	(3) is attending a school event, class, or meeting to which
339.21 	the person, the public, or a student's family is invited; or
339.22 	(4) has reported the person's presence in the school
339.23 	building in the manner required for visitors to the school.
339.24 	(b) It is a misdemeanor for a person to be on the roof of a
339.25 	public or nonpublic elementary, middle, or secondary school
339.26 	building unless the person has permission from a school official
339.27 	to be on the roof of the building.
339.28 	(c) It is a gross misdemeanor for a group of three or more
339.29 	persons to enter or be found in a public or nonpublic
339.30 	elementary, middle, or secondary school building unless one of
339.31 	the persons:
339.32 	(1) is an enrolled student in, a parent or guardian of an
339.33 	enrolled student in, or an employee of the school or school
339.34 	district;
339.35 	(2) has permission or an invitation from a school official
339.36 	to be in the building;
340.1 	(3) is attending a school event, class, or meeting to which
340.2 	the person, the public, or a student's family is invited; or
340.3 	(4) has reported the person's presence in the school
340.4 	building in the manner required for visitors to the school.
340.5 	(c) (d) It is a misdemeanor for a person to enter or be
340.6 	found on school property within six months one year after being
340.7 	told by the school principal or the principal's designee to
340.8 	leave the property and not to return, unless the principal or
340.9 	the principal's designee has given the person permission to
340.10 	return to the property.  As used in this paragraph, "school
340.11 	property" has the meaning given in section 152.01, subdivision
340.12 	14a, clauses (1) and (3).
340.13 	(d) (e) A school principal or a school employee designated
340.14 	by the school principal to maintain order on school property,
340.15 	who has reasonable cause to believe that a person is violating
340.16 	this subdivision may detain the person in a reasonable manner
340.17 	for a reasonable period of time pending the arrival of a peace
340.18 	officer.  A school principal or designated school employee is
340.19 	not civilly or criminally liable for any action authorized under
340.20 	this paragraph if the person's action is based on reasonable
340.21 	cause.
340.22 	(e) (f) A peace officer may arrest a person without a
340.23 	warrant if the officer has probable cause to believe the person
340.24 	violated this subdivision within the preceding four hours.  The
340.25 	arrest may be made even though the violation did not occur in
340.26 	the peace officer's presence.
340.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
340.28 	and applies to crimes committed on or after that date.

340.29 	Sec. 43. Minnesota Statutes 2004, section 609.746,
340.30 	subdivision 1, is amended to read:
340.31 		Subdivision 1.Surreptitious intrusion; observation
340.32 	device.  (a) A person is guilty of a gross misdemeanor who:
340.33 	(1) enters upon another's property;
340.34 	(2) surreptitiously gazes, stares, or peeps in the window
340.35 	or any other aperture of a house or place of dwelling of
340.36 	another; and
341.1 	(3) does so with intent to intrude upon or interfere with
341.2 	the privacy of a member of the household.
341.3 	(b) A person is guilty of a gross misdemeanor who:
341.4 	(1) enters upon another's property;
341.5 	(2) surreptitiously installs or uses any device for
341.6 	observing, photographing, recording, amplifying, or broadcasting
341.7 	sounds or events through the window or any other aperture of a
341.8 	house or place of dwelling of another; and
341.9 	(3) does so with intent to intrude upon or interfere with
341.10 	the privacy of a member of the household.
341.11 	(c) A person is guilty of a gross misdemeanor who:
341.12 	(1) surreptitiously gazes, stares, or peeps in the window
341.13 	or other aperture of a sleeping room in a hotel, as defined in
341.14 	section 327.70, subdivision 3, a tanning booth, or other place
341.15 	where a reasonable person would have an expectation of privacy
341.16 	and has exposed or is likely to expose their intimate parts, as
341.17 	defined in section 609.341, subdivision 5, or the clothing
341.18 	covering the immediate area of the intimate parts; and
341.19 	(2) does so with intent to intrude upon or interfere with
341.20 	the privacy of the occupant.
341.21 	(d) A person is guilty of a gross misdemeanor who:
341.22 	(1) surreptitiously installs or uses any device for
341.23 	observing, photographing, recording, amplifying, or broadcasting
341.24 	sounds or events through the window or other aperture of a
341.25 	sleeping room in a hotel, as defined in section 327.70,
341.26 	subdivision 3, a tanning booth, or other place where a
341.27 	reasonable person would have an expectation of privacy and has
341.28 	exposed or is likely to expose their intimate parts, as defined
341.29 	in section 609.341, subdivision 5, or the clothing covering the
341.30 	immediate area of the intimate parts; and
341.31 	(2) does so with intent to intrude upon or interfere with
341.32 	the privacy of the occupant.
341.33 	(e) A person is guilty of a gross misdemeanor felony and
341.34 	may be sentenced to imprisonment for not more than two years or
341.35 	to payment of a fine of not more than $5,000, or both,if the
341.36 	person:
342.1 	(1) violates this subdivision after a previous conviction
342.2 	under this subdivision or section 609.749; or
342.3 	(2) violates this subdivision against a minor under the age
342.4 	of 16 18, knowing or having reason to know that the minor is
342.5 	present.
342.6 	(f) Paragraphs (b) and (d) do not apply to law enforcement
342.7 	officers or corrections investigators, or to those acting under
342.8 	their direction, while engaged in the performance of their
342.9 	lawful duties.  Paragraphs (c) and (d) do not apply to conduct
342.10 	in:  (1) a medical facility; or (2) a commercial establishment
342.11 	if the owner of the establishment has posted conspicuous signs
342.12 	warning that the premises are under surveillance by the owner or
342.13 	the owner's employees.
342.14 	
EFFECTIVE DATE. This section is effective August 1, 2005,
342.15 	and applies to crimes committed on or after that date.

342.16 	Sec. 44. Minnesota Statutes 2004, section 609.748,
342.17 	subdivision 2, is amended to read:
342.18 		Subd. 2.Restraining order; jurisdiction.  A person who
342.19 	is a victim of harassment may seek a restraining order from the
342.20 	district court in the manner provided in this section.  The
342.21 	parent or ,guardian, or stepparent of a minor who is a victim of
342.22 	harassment may seek a restraining order from the district court
342.23 	on behalf of the minor.
342.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
342.25 	and applies to crimes committed on or after that date.

342.26 	Sec. 45. Minnesota Statutes 2004, section 609.748,
342.27 	subdivision 3a, is amended to read:
342.28 		Subd. 3a.Filing fee; cost of service.  The filing fees
342.29 	for a restraining order under this section are waived for the
342.30 	petitioner if the petition alleges acts that would constitute a
342.31 	violation of section 609.749, subdivision 2 or 3, or sections
342.32 	609.342 to 609.3451.  The court administrator and the sheriff of
342.33 	any county in this state shall perform their duties relating to
342.34 	service of process without charge to the petitioner.  The court
342.35 	shall direct payment of the reasonable costs of service of
342.36 	process if served by a private process server when the sheriff
343.1 	is unavailable or if service is made by publication.  The court
343.2 	may direct a respondent to pay to the court administrator the
343.3 	petitioner's filing fees and reasonable costs of service of
343.4 	process if the court determines that the respondent has the
343.5 	ability to pay the petitioner's fees and costs.
343.6 	
EFFECTIVE DATE. This section is effective August 1, 2005,
343.7 	and applies to crimes committed on or after that date.

343.8 	Sec. 46. Minnesota Statutes 2004, section 609.749,
343.9 	subdivision 2, is amended to read:
343.10 		Subd. 2.Harassment and stalking crimes.  (a) A person
343.11 	who harasses another by committing any of the following acts is
343.12 	guilty of a gross misdemeanor:
343.13 	(1) directly or indirectly manifests a purpose or intent to
343.14 	injure the person, property, or rights of another by the
343.15 	commission of an unlawful act;
343.16 	(2) stalks, follows, monitors,or pursues another, whether
343.17 	in person or through technological or other means;
343.18 	(3) returns to the property of another if the actor is
343.19 	without claim of right to the property or consent of one with
343.20 	authority to consent;
343.21 	(4) repeatedly makes telephone calls, or induces a victim
343.22 	to make telephone calls to the actor, whether or not
343.23 	conversation ensues;
343.24 	(5) makes or causes the telephone of another repeatedly or
343.25 	continuously to ring;
343.26 	(6) repeatedly mails or delivers or causes the delivery by
343.27 	any means, including electronically, of letters, telegrams,
343.28 	messages, packages, or other objects; or
343.29 	(7) knowingly makes false allegations against a peace
343.30 	officer concerning the officer's performance of official duties
343.31 	with intent to influence or tamper with the officer's
343.32 	performance of official duties.
343.33 	(b) The conduct described in paragraph (a), clauses (4) and
343.34 	(5), may be prosecuted at the place where any call is either
343.35 	made or received or, additionally in the case of wireless or
343.36 	electronic communication, where the actor or victim resides.
344.1 	The conduct described in paragraph (a), clause (2), may be
344.2 	prosecuted where the actor or victim resides.  The conduct
344.3 	described in paragraph (a), clause (6), may be prosecuted where
344.4 	any letter, telegram, message, package, or other object is
344.5 	either sent or received or, additionally in the case of wireless
344.6 	or electronic communication, where the actor or victim resides.
344.7 	(c) A peace officer may not make a warrantless, custodial
344.8 	arrest of any person for a violation of paragraph (a), clause
344.9 	(7).
344.10 	
EFFECTIVE DATE. This section is effective August 1, 2005,
344.11 	and applies to crimes committed on or after that date.

344.12 	Sec. 47. Minnesota Statutes 2004, section 609.763,
344.13 	subdivision 3, is amended to read:
344.14 		Subd. 3.Aggregation; jurisdiction.  In a prosecution
344.15 	under this section, the dollar amounts obtained involved in
344.16 	violation of subdivision 1 within any 12-month period may be
344.17 	aggregated and the defendant charged accordingly.  When two or
344.18 	more offenses are committed by the same person in two or more
344.19 	counties, the defendant may be prosecuted in any county in which
344.20 	one of the offenses was committed for all of the offenses
344.21 	aggregated under this subdivision.
344.22 	
EFFECTIVE DATE. This section is effective August 1, 2005,
344.23 	and applies to crimes committed on or after that date.

344.24 	Sec. 48. Minnesota Statutes 2004, section 609.79,
344.25 	subdivision 2, is amended to read:
344.26 		Subd. 2.Venue.  The offense may be prosecuted either at
344.27 	the place where the call is made or where it is received or,
344.28 	additionally in the case of wireless or electronic
344.29 	communication, where the sender or receiver resides.
344.30 	
EFFECTIVE DATE. This section is effective August 1, 2005,
344.31 	and applies to crimes committed on or after that date.

344.32 	Sec. 49. Minnesota Statutes 2004, section 609.795, is
344.33 	amended by adding a subdivision to read:
344.34 		Subd. 3.Venue. The offense may be prosecuted either at
344.35 	the place where the letter, telegram, or package is sent or
344.36 	received or, alternatively in the case of wireless electronic
345.1 	communication, where the sender or receiver resides.
345.2 	
EFFECTIVE DATE. This section is effective August 1, 2005,
345.3 	and applies to crimes committed on or after that date.

345.4 	Sec. 50. [609.849] RAILROAD THAT OBSTRUCTS TREATMENT OF
345.5 	AN INJURED WORKER.
345.6 	(a) It shall be unlawful for a railroad or person employed
345.7 	by a railroad negligently or intentionally to:
345.8 	(1) deny, delay, or interfere with medical treatment or
345.9 	first aid treatment to an employee of a railroad who has been
345.10 	injured during employment; or 
345.11 	(2) discipline, harass, or intimidate an employee to
345.12 	discourage the employee from receiving medical attention or
345.13 	threaten to discipline an employee who has been injured during
345.14 	employment for requesting medical treatment or first aid
345.15 	treatment.
345.16 	(b) Nothing in this section shall deny a railroad company
345.17 	or railroad employee from making a reasonable inquiry of an
345.18 	injured employee about the circumstance of an injury in order to
345.19 	gather information necessary to identify a safety hazard.
345.20 	(c) It is not a violation under this section for a railroad
345.21 	company or railroad employee to enforce safety regulations.
345.22 	(d) A railroad or a person convicted of a violation of
345.23 	paragraph (a), clause (1) or (2), is guilty of a gross
345.24 	misdemeanor and may be sentenced to imprisonment for not more
345.25 	than one year or to payment of a fine of not more than $3,000,
345.26 	or both.

345.27 	EFFECTIVE DATE. This section is effective August 1, 2005,
345.28 	and applies to crimes committed on or after that date.

345.29 	Sec. 51. [609.896] CRIMINAL USE OF REAL PROPERTY.
345.30 		Subdivision 1.Definitions. For the purposes of this
345.31 	section, the following terms have the meanings given them.
345.32 	(a) "Audiovisual recording function" means the capability
345.33 	of a device to record or transmit a motion picture or any part
345.34 	of a motion picture by means of any technology now known or
345.35 	later developed.
345.36 	(b) "Convicted" includes a conviction for a similar offense
346.1 	under the law of another state or the federal government.
346.2 	(c) "Motion picture theater" means a movie theater,
346.3 	screening room, or other venue when used primarily for the
346.4 	exhibition of a motion picture.
346.5 		Subd. 2.Crime. (a) Any person in a motion picture
346.6 	theater while a motion picture is being exhibited who knowingly
346.7 	operates an audiovisual recording function of a device without
346.8 	the consent of the owner or lessee of the motion picture theater
346.9 	is guilty of criminal use of real property.
346.10 	(b) If a person is convicted of a first offense, it is a
346.11 	misdemeanor.
346.12 	(c) If a person is convicted of a second offense, it is a
346.13 	gross misdemeanor.
346.14 	(d) If a person is convicted of a third or subsequent
346.15 	offense, it is a felony and the person may be sentenced to
346.16 	imprisonment for not more than two years or to payment of a fine
346.17 	of not more than $4,000, or both.
346.18 		Subd. 3.Detaining suspects. An owner or lessee of a
346.19 	motion picture theater is a merchant for purposes of section
346.20 	629.366.
346.21 		Subd. 4.Exception. This section does not prevent any
346.22 	lawfully authorized investigative, law enforcement protective,
346.23 	or intelligence gathering employee or agent of the state or
346.24 	federal government from operating any audiovisual recording
346.25 	device in a motion picture theater where a motion picture is
346.26 	being exhibited, as part of lawfully authorized investigative,
346.27 	law enforcement protective, or intelligence gathering activities.
346.28 		Subd. 5.Not preclude alternative prosecution. Nothing
346.29 	in this section prevents prosecution under any other provision
346.30 	of law.
346.31 	
EFFECTIVE DATE. This section is effective August 1, 2005,
346.32 	and applies to crimes committed on or after that date.

346.33 	Sec. 52. Minnesota Statutes 2004, section 628.26, is
346.34 	amended to read:
346.35 	628.26 LIMITATIONS.
346.36 	(a) Indictments or complaints for any crime resulting in
347.1 	the death of the victim may be found or made at any time after
347.2 	the death of the person killed.
347.3 	(b) Indictments or complaints for a violation of section
347.4 	609.25 may be found or made at any time after the commission of
347.5 	the offense.
347.6 	(c) Indictments or complaints for violation of section
347.7 	609.282 may be found or made at any time after the commission of
347.8 	the offense if the victim was under the age of 18 at the time of
347.9 	the offense.
347.10 	(d) Indictments or complaints for violation of section
347.11 	609.282 where the victim was 18 years of age or older at the
347.12 	time of the offense, or 609.42, subdivision 1, clause (1) or
347.13 	(2), shall be found or made and filed in the proper court within
347.14 	six years after the commission of the offense.
347.15 	(d) (e) Indictments or complaints for violation of sections
347.16 	609.342 to 609.345 if the victim was under the age of 18 years
347.17 	at the time the offense was committed, shall be found or made
347.18 	and filed in the proper court within nine years after the
347.19 	commission of the offense or, if the victim failed to report the
347.20 	offense within this limitation period, within three years after
347.21 	the offense was reported to law enforcement authorities.
347.22 	(e) (f) Notwithstanding the limitations in paragraph
347.23 	(d) (e), indictments or complaints for violation of sections
347.24 	609.342 to 609.344 may be found or made and filed in the proper
347.25 	court at any time after commission of the offense, if physical
347.26 	evidence is collected and preserved that is capable of being
347.27 	tested for its DNA characteristics.  If this evidence is not
347.28 	collected and preserved and the victim was 18 years old or older
347.29 	at the time of the offense, the prosecution must be commenced
347.30 	within nine years after the commission of the offense.
347.31 	(f) (g) Indictments or complaints for violation of sections
347.32 	609.466 and 609.52, subdivision 2, clause (3), item (iii), shall
347.33 	be found or made and filed in the proper court within six years
347.34 	after the commission of the offense.
347.35 	(g) (h) Indictments or complaints for violation of section
347.36 	609.52, subdivision 2, clause (3), items (i) and (ii), (4),
348.1 	(15), or (16), 609.631, or 609.821, where the value of the
348.2 	property or services stolen is more than $35,000, shall be found
348.3 	or made and filed in the proper court within five years after
348.4 	the commission of the offense.
348.5 	(h) (i) Except for violations relating to false material
348.6 	statements, representations or omissions, indictments or
348.7 	complaints for violations of section 609.671 shall be found or
348.8 	made and filed in the proper court within five years after the
348.9 	commission of the offense.
348.10 	(i) (j) Indictments or complaints for violation of sections
348.11 	609.561 to 609.563, shall be found or made and filed in the
348.12 	proper court within five years after the commission of the
348.13 	offense.
348.14 	(j) (k) In all other cases, indictments or complaints shall
348.15 	be found or made and filed in the proper court within three
348.16 	years after the commission of the offense.
348.17 	(k) (l) The limitations periods contained in this section
348.18 	shall exclude any period of time during which the defendant was
348.19 	not an inhabitant of or usually resident within this state.
348.20 	(l) (m) The limitations periods contained in this section
348.21 	for an offense shall not include any period during which the
348.22 	alleged offender participated under a written agreement in a
348.23 	pretrial diversion program relating to that offense.
348.24 	(m) (n) The limitations periods contained in this section
348.25 	shall not include any period of time during which physical
348.26 	evidence relating to the offense was undergoing DNA analysis, as
348.27 	defined in section 299C.155, unless the defendant demonstrates
348.28 	that the prosecuting or law enforcement agency purposefully
348.29 	delayed the DNA analysis process in order to gain an unfair
348.30 	advantage.

348.31 	EFFECTIVE DATE. This section is effective August 1, 2005,
348.32 	and applies to crimes committed on or after that date.

348.33 	Sec. 53. REPEALER.
 348.34 	Minnesota Statutes 2004, section 609.725, is repealed.

348.35 	EFFECTIVE DATE. This section is effective August 1, 2005,
348.36 	and applies to crimes committed on or after that date.

349.1 	ARTICLE 18
349.2 	DWI AND TRAFFIC SAFETY POLICY

349.3 	Section 1. Minnesota Statutes 2004, section 169.06, is
349.4 	amended by adding a subdivision to read:
349.5 		Subd. 5b.Possession of override device. (a) For
349.6 	purposes of this subdivision, "traffic signal-override device"
349.7 	means a device located in a motor vehicle that permits
349.8 	activation of a traffic signal-override system described in
349.9 	subdivision 5a.
349.10 	(b) No person may operate a motor vehicle that contains a
349.11 	traffic signal-override device, other than:
349.12 	(1) an authorized emergency vehicle described in section
349.13 	169.01, subdivision 5, clause (1), (2), or (3);
349.14 	(2) a vehicle, including a rail vehicle, engaged in
349.15 	providing bus rapid transit service or light rail transit
349.16 	service;
349.17 	(3) a signal maintenance vehicle of a road authority; or 
349.18 	(4) a vehicle authorized to contain such a device by order
349.19 	of the commissioner of public safety.
349.20 	(c) No person may possess a traffic signal-override device,
349.21 	other than:
349.22 	(1) a person authorized to operate a vehicle described in
349.23 	paragraph (b), clauses (1) and (2), but only for use in that
349.24 	vehicle;
349.25 	(2) a person authorized by a road authority to perform
349.26 	signal maintenance, while engaged in such maintenance; or 
349.27 	(3) a person authorized by order of the commissioner of
349.28 	public safety to possess a traffic signal-override device, but
349.29 	only to the extent authorized in the order.
349.30 	(d) A violation of this subdivision is a misdemeanor.
349.31 	
EFFECTIVE DATE. This section is effective August 1, 2005,
349.32 	and applies to crimes committed on or after that date.

349.33 	Sec. 2. Minnesota Statutes 2004, section 169A.275,
349.34 	subdivision 1, is amended to read:
349.35 		Subdivision 1.Second offense.  (a) The court shall
349.36 	sentence a person who is convicted of a violation of section
350.1 	169A.20 (driving while impaired) within ten years of a qualified
350.2 	prior impaired driving incident to either:
350.3 	(1) a minimum of 30 days of incarceration, at least 48
350.4 	hours of which must be served consecutively in a local
350.5 	correctional facility; or
350.6 	(2) eight hours of community work service for each day less
350.7 	than 30 days that the person is ordered to serve in a local
350.8 	correctional facility.
350.9 	Notwithstanding section 609.135 (stay of imposition or execution
350.10 	of sentence), the penalties in this paragraph must be executed,
350.11 	unless the court departs from the mandatory minimum sentence
350.12 	under paragraph (b) or (c).
350.13 	(b) Prior to sentencing, the prosecutor may file a motion
350.14 	to have a defendant described in paragraph (a) sentenced without
350.15 	regard to the mandatory minimum sentence established by that
350.16 	paragraph.  The motion must be accompanied by a statement on the
350.17 	record of the reasons for it.  When presented with the
350.18 	prosecutor's motion and if it finds that substantial mitigating
350.19 	factors exist, the court shall sentence the defendant without
350.20 	regard to the mandatory minimum sentence established by
350.21 	paragraph (a).
350.22 	(c) The court may, on its own motion, sentence a defendant
350.23 	described in paragraph (a) without regard to the mandatory
350.24 	minimum sentence established by that paragraph if it finds that
350.25 	substantial mitigating factors exist and if its sentencing
350.26 	departure is accompanied by a statement on the record of the
350.27 	reasons for it.  The court also may sentence the defendant
350.28 	without regard to the mandatory minimum sentence established by
350.29 	paragraph (a) if the defendant is sentenced to probation and
350.30 	ordered to participate in a program established under section
350.31 	169A.74 (pilot programs of intensive probation for repeat DWI
350.32 	offenders).
350.33 	(d) When any portion of the sentence required by paragraph
350.34 	(a) is not executed, the court should impose a sentence that is
350.35 	proportional to the extent of the offender's prior criminal and
350.36 	moving traffic violation record.  Any sentence required under
351.1 	paragraph (a) must include a mandatory sentence that is not
351.2 	subject to suspension or a stay of imposition or execution, and
351.3 	that includes incarceration for not less than 48 consecutive 
351.4 	hours or at least 80 hours of community work service.
351.5 	
EFFECTIVE DATE. This section is effective August 1, 2005,
351.6 	and applies to crimes committed on or after that date.

351.7 	Sec. 3. Minnesota Statutes 2004, section 169A.52,
351.8 	subdivision 4, is amended to read:
351.9 		Subd. 4.Test failure; license revocation.  (a) Upon
351.10 	certification by the peace officer that there existed probable
351.11 	cause to believe the person had been driving, operating, or in
351.12 	physical control of a motor vehicle in violation of section
351.13 	169A.20 (driving while impaired) and that the person submitted
351.14 	to a test and the test results indicate an alcohol concentration
351.15 	of 0.08 or more or the presence of a controlled substance listed
351.16 	in schedule I or II, other than marijuana or
351.17 	tetrahydrocannabinols, then the commissioner shall revoke the
351.18 	person's license or permit to drive, or nonresident operating
351.19 	privilege:
351.20 	(1) for a period of 90 days;
351.21 	(2) if the person is under the age of 21 years, for a
351.22 	period of six months;
351.23 	(3) for a person with a qualified prior impaired driving
351.24 	incident within the past ten years, for a period of 180 days; or
351.25 	(4) if the test results indicate an alcohol concentration
351.26 	of 0.20 or more, for twice the applicable period in clauses (1)
351.27 	to (3).
351.28 	(b) On certification by the peace officer that there
351.29 	existed probable cause to believe the person had been driving,
351.30 	operating, or in physical control of a commercial motor vehicle
351.31 	with any presence of alcohol and that the person submitted to a
351.32 	test and the test results indicated an alcohol concentration of
351.33 	0.04 or more, the commissioner shall disqualify the person from
351.34 	operating a commercial motor vehicle under section 171.165
351.35 	(commercial driver's license disqualification).
351.36 	(c) If the test is of a person's blood or urine by a
352.1 	laboratory operated by the Bureau of Criminal Apprehension, or
352.2 	authorized by the bureau to conduct the analysis of a blood or
352.3 	urine sample, the laboratory may directly certify to the
352.4 	commissioner the test results, and the peace officer shall
352.5 	certify to the commissioner that there existed probable cause to
352.6 	believe the person had been driving, operating, or in physical
352.7 	control of a motor vehicle in violation of section 169A.20 and
352.8 	that the person submitted to a test.  Upon receipt of both
352.9 	certifications, the commissioner shall undertake the license
352.10 	actions described in paragraphs (a) and (b).
352.11 	
EFFECTIVE DATE. This section is effective August 1, 2006,
352.12 	and applies to blood and urine test samples analyzed on or after
352.13 	that date.

352.14 	Sec. 4. Minnesota Statutes 2004, section 169A.53,
352.15 	subdivision 3, is amended to read:
352.16 		Subd. 3.Judicial hearing; issues, order, appeal.  (a) A
352.17 	judicial review hearing under this section must be before a
352.18 	district judge in any county in the judicial district where the
352.19 	alleged offense occurred.  The hearing is to the court and may
352.20 	be conducted at the same time and in the same manner as hearings
352.21 	upon pretrial motions in the criminal prosecution under section
352.22 	169A.20 (driving while impaired), if any.  The hearing must be
352.23 	recorded.  The commissioner shall appear and be represented by
352.24 	the attorney general or through the prosecuting authority for
352.25 	the jurisdiction involved. The hearing must be held at the
352.26 	earliest practicable date, and in any event no later than 60
352.27 	days following the filing of the petition for review.The
352.28 	judicial district administrator shall establish procedures to
352.29 	ensure efficient compliance with this subdivision.  To
352.30 	accomplish this, the administrator may, whenever possible,
352.31 	consolidate and transfer review hearings among the locations
352.32 	within the judicial district where terms of district court are
352.33 	held.
352.34 	(b) The scope of the hearing is limited to the issues in
352.35 	clauses (1) to (10):
352.36 	(1) Did the peace officer have probable cause to believe
353.1 	the person was driving, operating, or in physical control of a
353.2 	motor vehicle or commercial motor vehicle in violation of
353.3 	section 169A.20 (driving while impaired)?
353.4 	(2) Was the person lawfully placed under arrest for
353.5 	violation of section 169A.20?
353.6 	(3) Was the person involved in a motor vehicle accident or
353.7 	collision resulting in property damage, personal injury, or
353.8 	death?
353.9 	(4) Did the person refuse to take a screening test provided
353.10 	for by section 169A.41 (preliminary screening test)?
353.11 	(5) If the screening test was administered, did the test
353.12 	indicate an alcohol concentration of 0.08 or more?
353.13 	(6) At the time of the request for the test, did the peace
353.14 	officer inform the person of the person's rights and the
353.15 	consequences of taking or refusing the test as required by
353.16 	section 169A.51, subdivision 2?
353.17 	(7) Did the person refuse to permit the test?
353.18 	(8) If a test was taken by a person driving, operating, or
353.19 	in physical control of a motor vehicle, did the test results
353.20 	indicate at the time of testing:
353.21 	(i) an alcohol concentration of 0.08 or more; or
353.22 	(ii) the presence of a controlled substance listed in
353.23 	schedule I or II, other than marijuana or tetrahydrocannabinols?
353.24 	(9) If a test was taken by a person driving, operating, or
353.25 	in physical control of a commercial motor vehicle, did the test
353.26 	results indicate an alcohol concentration of 0.04 or more at the
353.27 	time of testing?
353.28 	(10) Was the testing method used valid and reliable and
353.29 	were the test results accurately evaluated?
353.30 	(c) It is an affirmative defense for the petitioner to
353.31 	prove that, at the time of the refusal, the petitioner's refusal
353.32 	to permit the test was based upon reasonable grounds.
353.33 	(d) Certified or otherwise authenticated copies of
353.34 	laboratory or medical personnel reports, records, documents,
353.35 	licenses, and certificates are admissible as substantive
353.36 	evidence.
354.1 	(e) The court shall order that the revocation or
354.2 	disqualification be either rescinded or sustained and forward
354.3 	the order to the commissioner. The court shall file its order
354.4 	within 14 days following the hearing.If the revocation or
354.5 	disqualification is sustained, the court shall also forward the
354.6 	person's driver's license or permit to the commissioner for
354.7 	further action by the commissioner if the license or permit is
354.8 	not already in the commissioner's possession.
354.9 	(f) Any party aggrieved by the decision of the reviewing
354.10 	court may appeal the decision as provided in the Rules of
354.11 	Appellate Procedure.
354.12 	(g) The civil hearing under this section shall not give
354.13 	rise to an estoppel on any issues arising from the same set of
354.14 	circumstances in any criminal prosecution.
354.15 	
EFFECTIVE DATE. This section is effective the day
354.16 	following final enactment.

354.17 	Sec. 5. Minnesota Statutes 2004, section 169A.60,
354.18 	subdivision 10, is amended to read:
354.19 		Subd. 10.Petition for judicial review.  (a) Within 30
354.20 	days following receipt of a notice and order of impoundment
354.21 	under this section, a person may petition the court for review.
354.22 	The petition must include proof of service of a copy of the
354.23 	petition on the commissioner.The petition must include the
354.24 	petitioner's date of birth, driver's license number, and date of
354.25 	the plate impoundment violation, as well as the name of the
354.26 	violator and the law enforcement agency that issued the plate
354.27 	impoundment order.  The petition must state with specificity the
354.28 	grounds upon which the petitioner seeks rescission of the order
354.29 	for impoundment.  The petition may be combined with any petition
354.30 	filed under section 169A.53 (administrative and judicial review
354.31 	of license revocation).
354.32 	(b) Except as otherwise provided in this section, the
354.33 	judicial review and hearing are governed by section 169A.53 and
354.34 	must take place at the same time as any judicial review of the
354.35 	person's license revocation under section 169A.53.  The filing
354.36 	of the petition does not stay the impoundment order.  The
355.1 	reviewing court may order a stay of the balance of the
355.2 	impoundment period if the hearing has not been conducted within
355.3 	60 days after filing of the petition upon terms the court deems
355.4 	proper.  The court shall order either that the impoundment be
355.5 	rescinded or sustained, and forward the order to the
355.6 	commissioner.  The court shall file its order within 14 days
355.7 	following the hearing.
355.8 	(c) In addition to the issues described in section 169A.53,
355.9 	subdivision 3 (judicial review of license revocation), the scope
355.10 	of a hearing under this subdivision is limited to:
355.11 	(1) whether the violator owns, is the registered owner of,
355.12 	possesses, or has access to the vehicle used in the plate
355.13 	impoundment violation;
355.14 	(2) whether a member of the violator's household has a
355.15 	valid driver's license, the violator or registered owner has a
355.16 	limited license issued under section 171.30, the registered
355.17 	owner is not the violator, and the registered owner has a valid
355.18 	or limited driver's license, or a member of the registered
355.19 	owner's household has a valid driver's license; and 
355.20 	(3) if the impoundment is based on a plate impoundment
355.21 	violation described in subdivision 1, paragraph (c) (d), clause
355.22 	(3) or (4), whether the peace officer had probable cause to
355.23 	believe the violator committed the plate impoundment violation
355.24 	and whether the evidence demonstrates that the plate impoundment
355.25 	violation occurred; and 
355.26 	(2) for all other cases, whether the peace officer had
355.27 	probable cause to believe the violator committed the plate
355.28 	impoundment violation.
355.29 	(d) In a hearing under this subdivision, the following
355.30 	records are admissible in evidence:
355.31 	(1) certified copies of the violator's driving record; and
355.32 	(2) certified copies of vehicle registration records
355.33 	bearing the violator's name.
355.34 	
EFFECTIVE DATE. This section is effective August 1, 2005.

355.35 	Sec. 6. Minnesota Statutes 2004, section 169A.60,
355.36 	subdivision 11, is amended to read:
356.1 		Subd. 11.Rescission of revocation;and dismissal or
356.2 	acquittal; new plates.  If:
356.3 	(1) the driver's license revocation that is the basis for
356.4 	an impoundment order is rescinded; and 
356.5 	(2) the charges for the plate impoundment violation have
356.6 	been dismissed with prejudice;or
356.7 	(3) the violator has been acquitted of the plate
356.8 	impoundment violation;
356.9 	then the registrar of motor vehicles shall issue new
356.10 	registration plates for the vehicle at no cost, when the
356.11 	registrar receives an application that includes a copy of the
356.12 	order rescinding the driver's license revocation,and either the
356.13 	order dismissing the charges,or the judgment of acquittal.
356.14 	
EFFECTIVE DATE. This section is effective the day
356.15 	following final enactment.

356.16 	Sec. 7. Minnesota Statutes 2004, section 169A.63,
356.17 	subdivision 8, is amended to read:
356.18 		Subd. 8.Administrative forfeiture procedure.  (a) A
356.19 	motor vehicle used to commit a designated offense or used in
356.20 	conduct resulting in a designated license revocation is subject
356.21 	to administrative forfeiture under this subdivision.
356.22 	(b) When a motor vehicle is seized under subdivision 2, or
356.23 	within a reasonable time after seizure, the appropriate agency
356.24 	shall serve the driver or operator of the vehicle with a notice
356.25 	of the seizure and intent to forfeit the vehicle.  Additionally,
356.26 	when a motor vehicle is seized under subdivision 2, or within a
356.27 	reasonable time after that, all persons known to have an
356.28 	ownership, possessory, or security interest in the vehicle must
356.29 	be notified of the seizure and the intent to forfeit the
356.30 	vehicle.  For those vehicles required to be registered under
356.31 	chapter 168, the notification to a person known to have a
356.32 	security interest in the vehicle is required only if the vehicle
356.33 	is registered under chapter 168 and the interest is listed on
356.34 	the vehicle's title.  Notice mailed by certified mail to the
356.35 	address shown in Department of Public Safety records is
356.36 	sufficient notice to the registered owner of the vehicle.  For
357.1 	motor vehicles not required to be registered under chapter 168,
357.2 	notice mailed by certified mail to the address shown in the
357.3 	applicable filing or registration for the vehicle is sufficient
357.4 	notice to a person known to have an ownership, possessory, or
357.5 	security interest in the vehicle.  Otherwise, notice may be
357.6 	given in the manner provided by law for service of a summons in
357.7 	a civil action.
357.8 	(c) The notice must be in writing and contain:
357.9 	(1) a description of the vehicle seized;
357.10 	(2) the date of seizure; and
357.11 	(3) notice of the right to obtain judicial review of the
357.12 	forfeiture and of the procedure for obtaining that judicial
357.13 	review, printed in English, Hmong, and Spanish.  Substantially
357.14 	the following language must appear conspicuously:  "IF YOU DO
357.15 	NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
357.16 	STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO
357.17 	A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
357.18 	RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY.  YOU MAY NOT
357.19 	HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
357.20 	UNABLE TO AFFORD THE FEE.  IF THE PROPERTY IS WORTH $7,500 OR
357.21 	LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT.  YOU DO NOT
357.22 	HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
357.23 	WORTH LESS THAN $500."
357.24 	(d) Within 30 days following service of a notice of seizure
357.25 	and forfeiture under this subdivision, a claimant may file a
357.26 	demand for a judicial determination of the forfeiture.  The
357.27 	demand must be in the form of a civil complaint and must be
357.28 	filed with the court administrator in the county in which the
357.29 	seizure occurred, together with proof of service of a copy of
357.30 	the complaint on the prosecuting authority having jurisdiction
357.31 	over the forfeiture,and the appropriate agency that initiated
357.32 	the forfeiture, including the standard filing fee for civil
357.33 	actions unless the petitioner has the right to sue in forma
357.34 	pauperis under section 563.01.  If the value of the seized
357.35 	property is $7,500 or less, the claimant may file an action in
357.36 	conciliation court for recovery of the seized vehicle.  A copy
358.1 	of the conciliation court statement of claim must be served
358.2 	personally or by mail on the prosecuting authority having
358.3 	jurisdiction over the forfeiture, as well as on the appropriate
358.4 	agency that initiated the forfeiture,within 30 days following
358.5 	service of the notice of seizure and forfeiture under this
358.6 	subdivision.  If the value of the seized property is less than
358.7 	$500, the claimant does not have to pay the conciliation court
358.8 	filing fee.
358.9 	No responsive pleading is required of the prosecuting
358.10 	authority and no court fees may be charged for the prosecuting
358.11 	authority's appearance in the matter. The prosecuting authority
358.12 	may appear for the appropriate agency.Pleadings, filings, and
358.13 	methods of service are governed by the Rules of Civil Procedure.
358.14 	(e) The complaint must be captioned in the name of the
358.15 	claimant as plaintiff and the seized vehicle as defendant, and
358.16 	must state with specificity the grounds on which the claimant
358.17 	alleges the vehicle was improperly seized, the claimant's
358.18 	interest in the vehicle seized, and any affirmative defenses the
358.19 	claimant may have.  Notwithstanding any law to the contrary, an
358.20 	action for the return of a vehicle seized under this section may
358.21 	not be maintained by or on behalf of any person who has been
358.22 	served with a notice of seizure and forfeiture unless the person
358.23 	has complied with this subdivision.
358.24 	(f) If the claimant makes a timely demand for a judicial
358.25 	determination under this subdivision, the forfeiture proceedings
358.26 	must be conducted as provided under subdivision 9.
358.27 	
EFFECTIVE DATE. This section is effective August 1, 2005,
358.28 	and applies to forfeiture actions initiated on or after that
358.29 	date.

358.30 	Sec. 8. Minnesota Statutes 2004, section 169A.70,
358.31 	subdivision 3, is amended to read:
358.32 		Subd. 3.Assessment report.  (a) The assessment report
358.33 	must be on a form prescribed by the commissioner and shall
358.34 	contain an evaluation of the convicted defendant concerning the
358.35 	defendant's prior traffic and criminal record, characteristics
358.36 	and history of alcohol and chemical use problems, and
359.1 	amenability to rehabilitation through the alcohol safety
359.2 	program.  The report is classified as private data on
359.3 	individuals as defined in section 13.02, subdivision 12.
359.4 	(b) The assessment report must include:
359.5 	(1) a diagnosis of the nature of the offender's chemical
359.6 	and alcohol involvement;
359.7 	(2) an assessment of the severity level of the involvement;
359.8 	(3) a recommended level of care for the offender in
359.9 	accordance with the criteria contained in rules adopted by the
359.10 	commissioner of human services under section 254A.03,
359.11 	subdivision 3 (chemical dependency treatment rules);
359.12 	(4) an assessment of the offender's placement needs;
359.13 	(2) (5) recommendations for other appropriate remedial
359.14 	action or care, including aftercare services in section 254B.01,
359.15 	subdivision 3,that may consist of educational programs,
359.16 	one-on-one counseling, a program or type of treatment that
359.17 	addresses mental health concerns, or a combination of them; or 
359.18 	and 
359.19 	(3) (6) a specific explanation why no level of care or
359.20 	action was recommended, if applicable.
359.21 	
EFFECTIVE DATE. This section is effective August 1, 2005,
359.22 	and applies to chemical use assessments made on or after that
359.23 	date.

359.24 	Sec. 9. Minnesota Statutes 2004, section 169A.70, is
359.25 	amended by adding a subdivision to read:
359.26 		Subd. 6.Method of assessment. (a) As used in this
359.27 	subdivision, "collateral contact" means an oral or written
359.28 	communication initiated by an assessor for the purpose of
359.29 	gathering information from an individual or agency, other than
359.30 	the offender, to verify or supplement information provided by
359.31 	the offender during an assessment under this section.  The term
359.32 	includes contacts with family members and criminal justice
359.33 	agencies.
359.34 	(b) An assessment conducted under this section must include
359.35 	at least one personal interview with the offender designed to
359.36 	make a determination about the extent of the offender's past and
360.1 	present chemical and alcohol use or abuse.  It must also include
360.2 	collateral contacts and a review of relevant records or reports
360.3 	regarding the offender including, but not limited to, police
360.4 	reports, arrest reports, driving records, chemical testing
360.5 	records, and test refusal records.  If the offender has a
360.6 	probation officer, the officer must be the subject of a
360.7 	collateral contact under this subdivision.  If an assessor is
360.8 	unable to make collateral contacts, the assessor shall specify
360.9 	why collateral contacts were not made.
360.10 	
EFFECTIVE DATE. This section is effective August 1, 2005,
360.11 	and applies to chemical use assessments made on or after that
360.12 	date.

360.13 	Sec. 10. Minnesota Statutes 2004, section 169A.70, is
360.14 	amended by adding a subdivision to read:
360.15 		Subd. 7.Preconviction assessment. (a) The court may not
360.16 	accept a chemical use assessment conducted before conviction as
360.17 	a substitute for the assessment required by this section unless
360.18 	the court ensures that the preconviction assessment meets the
360.19 	standards described in this section.
360.20 	(b) If the commissioner of public safety is making a
360.21 	decision regarding reinstating a person's driver's license based
360.22 	on a chemical use assessment, the commissioner shall ensure that
360.23 	the assessment meets the standards described in this section.
360.24 	
EFFECTIVE DATE. This section is effective August 1, 2005,
360.25 	and applies to chemical use assessments made on or after that
360.26 	date.

360.27 	Sec. 11. Minnesota Statutes 2004, section 171.09, is
360.28 	amended to read:
360.29 	171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.
360.30 		Subdivision 1.Authority; violations. (a) The
360.31 	commissioner shall have the authority, when good cause appears,
360.32 	to impose restrictions suitable to the licensee's driving
360.33 	ability or such other restrictions applicable to the licensee as
360.34 	the commissioner may determine to be appropriate to assure the
360.35 	safe operation of a motor vehicle by the licensee.  The
360.36 	commissioner may, upon receiving satisfactory evidence of any
361.1 	violation of the restrictions of the license, suspend or revoke
361.2 	the license.  A license suspension under this section is subject
361.3 	to section 171.18, subdivisions 2 and 3.
361.4 	(b) A person who drives, operates, or is in physical
361.5 	control of a motor vehicle while in violation of the
361.6 	restrictions imposed in a restricted driver's license issued to
361.7 	that person under paragraph (a) is guilty of a crime as follows:
361.8 	(1) if the restriction relates to the possession or
361.9 	consumption of alcohol or controlled substances, the person is
361.10 	guilty of a gross misdemeanor; or
361.11 	(2) if the restriction relates to another matter, the
361.12 	person is guilty of a misdemeanor.
361.13 		Subd. 2.No-alcohol restriction. (a) Upon proper
361.14 	application by a person having a valid driver's license
361.15 	containing the restriction that the person must consume no
361.16 	alcohol and whose driving record contains no impaired driving
361.17 	incident within the past ten years, the commissioner must issue
361.18 	to the person a duplicate driver's license that does not show
361.19 	that restriction.  Such issuance of a duplicate license does not
361.20 	rescind the no-alcohol restriction on the recipient's driving
361.21 	record.  "Impaired driving incident" has the meaning given in
361.22 	section 169A.03, subdivision 22.
361.23 	(b) Upon the issuance of a duplicate license to a person
361.24 	under paragraph (a), the no-alcohol restriction on the person's
361.25 	driving record is classified as private data on individuals, as
361.26 	defined in section 13.02, subdivision 12, but may be provided to
361.27 	requesting law enforcement agencies, probation and parole
361.28 	agencies, and courts.
361.29 	
EFFECTIVE DATE. This section is effective July 1, 2005,
361.30 	and expires on July 1, 2006.

361.31 	Sec. 12. Minnesota Statutes 2004, section 171.20,
361.32 	subdivision 4, is amended to read:
361.33 		Subd. 4.Reinstatement fee.  (a) Before the license is
361.34 	reinstated, (1) a person whose driver's license has been
361.35 	suspended under section 171.16, subdivision subdivisions 2 and
361.36 	3; 171.18, except subdivision 1, clause (10); or 171.182, or who
362.1 	has been disqualified from holding a commercial driver's license
362.2 	under section 171.165, and (2) a person whose driver's license
362.3 	has been suspended under section 171.186 and who is not exempt
362.4 	from such a fee, must pay a fee of $20.
362.5 	(b) Before the license is reinstated, a person whose
362.6 	license has been suspended under sections 169.791 to 169.798
362.7 	must pay a $20 reinstatement fee.
362.8 	(c) When fees are collected by a licensing agent appointed
362.9 	under section 171.061, a handling charge is imposed in the
362.10 	amount specified under section 171.061, subdivision 4.  The
362.11 	reinstatement fee and surcharge must be deposited in an approved
362.12 	state depository as directed under section 171.061, subdivision
362.13 	4.
362.14 	(d) Reinstatement fees collected under paragraph (a) for
362.15 	suspensions under sections 171.16, subdivision 3, and 171.18,
362.16 	subdivision 1, clause (10), shall be deposited in the special
362.17 	revenue fund and are appropriated to the Peace Officer Standards
362.18 	and Training Board for peace officer training reimbursement to
362.19 	local units of government.
362.20 	(e) A suspension may be rescinded without fee for good
362.21 	cause.
362.22 	
EFFECTIVE DATE. This section is effective July 1, 2005.

362.23 	Sec. 13. Minnesota Statutes 2004, section 171.26, is
362.24 	amended to read:
362.25 	171.26 MONEY CREDITED TO FUNDS.
362.26 	All money received under this chapter must be paid into the
362.27 	state treasury and credited to the trunk highway fund, except as
362.28 	provided in sections 171.06, subdivision 2a; 171.07, subdivision
362.29 	11, paragraph (g); 171.12, subdivision 8; 171.20, subdivision 4,
362.30 	paragraph (d);and 171.29, subdivision 2, paragraph (b).

362.31 	EFFECTIVE DATE. This section is effective July 1, 2005.

362.32 	Sec. 14. Minnesota Statutes 2004, section 171.30,
362.33 	subdivision 2a, is amended to read:
362.34 		Subd. 2a.Other waiting periods.  Notwithstanding
362.35 	subdivision 2, a limited license shall not be issued for a
362.36 	period of:
363.1 	(1) 15 days, to a person whose license or privilege has
363.2 	been revoked or suspended for a violation of section 169A.20,
363.3 	sections 169A.50 to 169A.53, or a statute or ordinance from
363.4 	another state in conformity with either of those sections;
363.5 	(2) 90 days, to a person who submitted to testing under
363.6 	sections 169A.50 to 169A.53 if the person's license or privilege
363.7 	has been revoked or suspended for a second violation within ten
363.8 	years or a third or subsequent violation of section 169A.20,
363.9 	sections 169A.50 to 169A.53, or a statute or ordinance from
363.10 	another state in conformity with either of those sections;
363.11 	(3) 180 days, to a person who refused testing under
363.12 	sections 169A.50 to 169A.53 if the person's license or privilege
363.13 	has been revoked or suspended for a second violation within ten
363.14 	years or a third or subsequent violation of sections 169A.20,
363.15 	169A.50 to 169A.53, or a statute or ordinance from another state
363.16 	in conformity with either of those sections; or
363.17 	(4) one year, to a person whose license or privilege has
363.18 	been revoked or suspended for committing manslaughter resulting
363.19 	from the operation of a motor vehicle, committing criminal
363.20 	vehicular homicide or injury under section 609.21, or violating
363.21 	a statute or ordinance from another state in conformity with
363.22 	either of those offenses.

363.23 	Sec. 15. STATEWIDE DWI TASK FORCE STUDY; DRIVER'S LICENSE
363.24 	SANCTIONS.
 363.25 	The Statewide DWI Task Force is requested to review and
363.26 	make recommendations on issues related to the "no-alcohol"
363.27 	restriction on a driver's license, commonly known as the
363.28 	"B-Card" license, including whether the restriction should be
363.29 	removed after a ten-year or greater period of compliance,
363.30 	whether the restrictions should remain on the driver's record
363.31 	but not on the actual driver's license, and any other related
363.32 	issues.  The task force may consult with knowledgeable parties
363.33 	when conducting the review.  If the DWI Task Force completes the
363.34 	review, it is requested to submit its recommendations to the
363.35 	chairs and ranking minority members of the senate and house
363.36 	committees having jurisdiction over criminal justice policy by
364.1 	January 15, 2006.

364.2 	EFFECTIVE DATE. This section is effective the day
364.3 	following final enactment.

364.4 	Sec. 16. REPEALER.
 364.5 	Laws 2004, chapter 283, section 14, is repealed.

364.6 	EFFECTIVE DATE. This section is effective the day
364.7 	following final enactment.